Harco National Insurance Company v. Cascade Aircraft Management LLC et al
| Harco National Insurance Company |
| Cascade Aircraft Management LLC, Leading Edge Aviation of Georgia and Michael Burke |
| 1:2024cv00180 |
| January 12, 2024 |
| US District Court for the Northern District of Georgia |
| Sarah E Geraghty |
| Airplane |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on March 7, 2024. A more recent docket listing may be available from PACER.
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| Filing 51 REPLY to Response to Motion re #37 MOTION to Dismiss for Lack of Personal Jurisdiction and/or MOTION to Transfer Case Against Cascade Aircraft Management, LLC to Idaho filed by Cascade Aircraft Management LLC. (Bresee, Edward) |
Filing 50
ORDER GRANTING #49 Consent Motion for Extension of Time. The deadline for Cascades reply brief to the #37 Motion to Dismiss and or Transfer case is extended for three days, through and including Friday, March 8, 2024. Signed by Judge Sarah E. Geraghty on 3/5/2024. (ane)
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| Filing 49 Consent MOTION for Extension of Time File Reply Brief To Plaintiff's Response and Opposition to Cascade's Motion to Dismiss For Lack of Personal Jurisdiction by Cascade Aircraft Management LLC. (Attachments: #1 Text of Proposed Order (Proposed Order) Granting Consent Motion)(Bresee, Edward) |
| Filing 48 RESPONSE in Opposition re #37 MOTION to Dismiss for Lack of Personal Jurisdiction and/or MOTION to Transfer Case Against Cascade Aircraft Management, LLC to Idaho filed by Harco National Insurance Company. (Attachments: #1 Exhibit Exhibit 1 - CAM Website - Aircraft Builder Assistance Page, #2 Exhibit Exhibit 2 - CAM Website - CAM News Page, #3 Exhibit Exhibit 3 - State Court Wrongful Death Action, #4 Exhibit Exhibit 4 - Excerpts from Aircraft Registration Documents, #5 Exhibit Exhibit 5 - Evolution Website - Build and Support Centers)(Rardin, Richard) |
| Submission of #37 MOTION to Dismiss and/or MOTION to Transfer Case Against Cascade Aircraft Management, LLC to Idaho to District Judge Sarah E. Geraghty. (sap) |
| Filing 47 Withdrawal of Motion #43 MOTION to Dismiss Crossclaim filed by Cascade Aircraft Management LLC filed by Cascade Aircraft Management LLC. (Bresee, Edward) |
| Clerk's Entry of Dismissal APPROVING #46 Stipulation of Dismissal of Crossclaim pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) (ane) |
| Filing 46 STIPULATION of Voluntary Dismissal of Crossclaim of Defendants Michael Burke and Burke Mechanical Services, Inc. d/b/a Leading Edge Aviation of Georgia by Michael Burke, Leading Edge Aviation of Georgia. (ane) |
| Filing 45 STIPULATION of Voluntary Dismissal of CROSSCLAIM by Michael Burke, Leading Edge Aviation of Georgia. (Armstrong, E.) Incorrect event selected. refiled at #46 with correct event on 2/14/2024 (ane). |
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Filing 44
ORDER GRANTING #39 Application for Admission Pro Hac Vice of Richard R. Rardin. Signed by Judge Sarah E. Geraghty on 2/9/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ane)
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| Clerk's Certificate of Mailing as to Richard R Rardin re #44 Order. (ane) |
| Filing 43 MOTION to Dismiss Crossclaim with Brief In Support by Cascade Aircraft Management LLC. (Attachments: #1 Brief)(Bresee, Edward) |
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Filing 42
ORDER GRANTING Motion to Substitute Counsel. Alan Armstrong is substituted as counsel of record for defendants Leading Edge Aviation of Georgia and Michael Burke. Attorney Bruce Andrew Lampert terminated. Signed by Judge Sarah E. Geraghty on 2/5/2024. (ane)
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| Filing 41 NOTICE by Michael Burke, Leading Edge Aviation of Georgia re #25 Scheduling Order, Proposed Amendment (Armstrong, E.) |
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Filing 40
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Sarah E. Geraghty on 2/2/2024. (sap)
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| APPROVAL by Clerks Office re: #39 APPLICATION for Admission of Richard R. Rardin Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13197848). Attorney Richard R. Rardin added appearing on behalf of Harco National Insurance Company. E-filing access may be requested after an order granting the application is entered. (esr) |
| Filing 39 APPLICATION for Admission of Richard R. Rardin Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13197848).by Harco National Insurance Company. (Bessho, David) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 38 NOTICE of Appearance by David M. Bessho on behalf of Harco National Insurance Company (Bessho, David) |
| Filing 37 MOTION to Dismiss for Lack of Personal Jurisdiction and/or MOTION to Transfer Case Against Cascade Aircraft Management, LLC to Idaho with Brief In Support by Cascade Aircraft Management LLC. (Attachments: #1 Memorandum of Law in Support, #2 Exhibit 1 to Memorandum of Law in Support)(Bresee, Edward). Added MOTION to Transfer Case on 2/20/2024 (sap). |
| Notification of Docket Correction re #35 Response (Non-Motion). Answer and Crossclaim re-docketed at #36 (ane) |
| Filing 36 ANSWER to #3 COMPLAINT with Jury Demand, CROSSCLAIM against Cascade Aircraft Management LLC with Jury Demand by Michael Burke, Leading Edge Aviation of Georgia.(ane) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 35 DOCUMENT FILED USING INCORRECT EVENT, REFILED AT #36 RESPONSE re #3 Complaint Answer and Crossclaim of Defendants Michael Burke and Burke Mechanical Services, Inc. d/b/a Leading Edge Aviation of Georgia filed by Michael Burke, Leading Edge Aviation of Georgia. (Armstrong, E.) Modified on 1/29/2024 (ane). |
| Filing 34 Minute Entry for proceedings held before Judge Sarah E. Geraghty: Telephone Conference held on 1/18/2024 following the transfer of this case from the U.S. District Court for the District of Colorado. The Court DENIED without prejudice the pending #10 and #13 Motions to Dismiss, both of which addressed matters of personal jurisdiction that were mooted by the case transfer. Any renewed motion to dismiss should be filed within 14 days. The Court further directed the parties to confer within 7 days as to any necessary amendment to the scheduling order. The parties were directed to file within 14 days a joint notice as to their positions on amendments to the scheduling order. (Court Reporter Melissa Brock) (sap) |
| Filing 33 NOTICE Of Filing Substitution of Counsel for Cascade by Cascade Aircraft Management LLC re #31 Notice of Appearance of Edward C. Bresee, Jr. (Attachments: #1 Exhibit Certificate of Consent to Withdraw)(Bresee, Edward) |
| Filing 32 NOTICE of Appearance by E. Alan Armstrong on behalf of Michael Burke, Leading Edge Aviation of Georgia (Attachments: #1 Exhibit A - Certificate of Consent, #2 Exhibit B - Proposed Order)(Armstrong, E.) |
| Filing 31 NOTICE of Appearance by Edward Croxall Bresee, Jr and and Carley N. Rampy on behalf of Cascade Aircraft Management LLC (Bresee, Edward) Appearing attorneys corrected on 1/19/2024 (sap). |
| NOTICE OF HEARING: A Telephone Conference is SCHEDULED for 1/18/2024 at 11:30 AM before Judge Sarah E. Geraghty. (sap) |
| Filing 30 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Bruce Andrew Lampert. Clerk to follow-up by 1/26/2024. (djs) |
| Filing 29 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Evan Lee. Clerk to follow-up by 1/26/2024. (djs) |
| Filing 28 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Richard Rardin. Clerk to follow-up by 1/26/2024. (djs) |
| Filing 27 Case transferred in from District of Colorado; Case Number 1:23-cv-01545. Original file certified copy of transfer order and docket sheet received. |
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Filing 26
ORDER. It is Ordered that this action is transferred to the Northern District of Georgia. By District Judge Gordon P Gallagher on 1/12/2024. (schap, ) [Transferred from Colorado on 1/12/2024.]
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| Submission of #13 MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law, #10 MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law, to District Judge Sarah E. Geraghty. (aar) |
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Filing 25
SCHEDULING ORDER: Discovery due by 6/26/2024. Dispositive Motions due by 7/26/2024. Telephonic Status Conference set for 2/6/2024 10:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. Five minutes prior to the start of the hearing, the parties shall call the conference line (888) 398-2342, Access Code 5755390# to participate. By Magistrate Judge N. Reid Neureiter on September 26, 2023. (rvill, ) [Transferred from Colorado on 1/12/2024.]
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| Filing 24 MINUTE ENTRY for proceedings held before Magistrate Judge N. Reid Neureiter: Scheduling Conference held on 9/26/2023. FTR: Courtroom C203. (rvill, ) [Transferred from Colorado on 1/12/2024.] |
| Filing 23 Proposed Scheduling Order by Defendant Cascade Aircraft Management LLC. (Lee, Evan) [Transferred from Colorado on 1/12/2024.] |
| Filing 22 REPLY to Response to #10 MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law filed by Defendant Cascade Aircraft Management LLC. (Lee, Evan) [Transferred from Colorado on 1/12/2024.] |
| Filing 21 REPLY to Response to #13 MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law filed by Defendants Michael Burke, Leading Edge Aviation of Georgia. (Lampert, Bruce) [Transferred from Colorado on 1/12/2024.] |
| Filing 20 BRIEF in Opposition to #10 MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law filed by Plaintiff Harco National Insurance Company. (Attachments: #1 Exhibit Exhibit 1 - CAM Wesbsite - Aircraft Builder Assistance Page, #2 Exhibit Exhibit 2 - CAM Website - CAM News Page, #3 Exhibit Exhibit 3 - Douglas County Sheriff Incident Report, #4 Exhibit Exhibit 4 - Evolution Website - Build and Support Centers)(Rardin, Richard) [Transferred from Colorado on 1/12/2024.] |
| Filing 19 BRIEF in Opposition to #13 MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law filed by Plaintiff Harco National Insurance Company. (Rardin, Richard) [Transferred from Colorado on 1/12/2024.] |
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Filing 18
ORDER granting #17 Motion for Extension of Time to File Response/Reply re #17 MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law. Plaintiff is afforded a 14-day extension of time until August 3, 2023 to file its response to Defendants' Motion to Dismiss for Lack of Personal Jurisdiction. By District Judge Gordon P Gallagher on 7/12/2023. Text Only Entry(sdunb, ) [Transferred from Colorado on 1/12/2024.]
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| Filing 17 MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law by Plaintiff Harco National Insurance Company. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Rardin, Richard) [Transferred from Colorado on 1/12/2024.] |
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Filing 16
ORDER granting #15 Motion for Extension of Time to File Response/Reply re #15 MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law . Plaintiff is afforded a 14 day extension of time until August 3, 2023 to file its response to Cascade's Motion to Dismiss for Lack of Personal Jurisdiction. By District Judge Gordon P Gallagher on 7/7/2023. Text Only Entry(sdunb, ) [Transferred from Colorado on 1/12/2024.]
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| Filing 15 MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law by Plaintiff Harco National Insurance Company. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Rardin, Richard) [Transferred from Colorado on 1/12/2024.] |
| Filing 14 SUMMONS Returned Executed by Harco National Insurance Company. Michael Burke served on 6/19/2023, answer due 7/10/2023. (Rardin, Richard) [Transferred from Colorado on 1/12/2024.] |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law by Defendants Michael Burke, Leading Edge Aviation of Georgia. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lampert, Bruce)[Transferred from Colorado on 1/12/2024.] |
| Filing 12 SUMMONS Returned Executed by Harco National Insurance Company. Michael Burke served on 6/19/2023, answer due 7/10/2023; Leading Edge Aviation of Georgia served on 6/19/2023, answer due 7/10/2023. (Rardin, Richard) [Transferred from Colorado on 1/12/2024.] |
| Filing 11 NOTICE of Entry of Appearance by Richard Roy Rardin on behalf of Harco National Insurance CompanyAttorney Richard Roy Rardin added to party Harco National Insurance Company(pty:pla) (Rardin, Richard) [Transferred from Colorado on 1/12/2024.] |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law by Defendant Cascade Aircraft Management LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lee, Evan) [Transferred from Colorado on 1/12/2024.] |
| Filing 9 CERTIFICATE of Service by mail by Clerk of Court re #8 Order, to Richard Rardin, Cozen O'Connor PC, 707 17th Street, Suite 3100, Denver CO 80202. Text Only Entry (cmadr, ) [Transferred from Colorado on 1/12/2024.] |
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Filing 8
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge N. Reid Neureiter on 20 June 2023. Proposed Scheduling Order due 9/19/2023. Scheduling Conference set for 9/26/2023 11:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, ) [Transferred from Colorado on 1/12/2024.]
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Filing 7
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By District Judge Gordon P Gallagher on 6/20/2023. Text Only Entry (sdunb, ) [Transferred from Colorado on 1/12/2024.]
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| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (blaws) [Transferred from Colorado on 1/12/2024.] |
| Filing 5 Case assigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (blaws) [Transferred from Colorado on 1/12/2024.] |
| Filing 4 AFFIDAVIT of Service of Complaint, Summons upon Cascade Aircraft Management on 05/18/2023. (blaws) [Transferred from Colorado on 1/12/2024.] |
| Filing 3 STATE COURT COMPLAINT against Michael Burke, Cascade Aircraft Management LLC, Leading Edge Aviation of Georgia, filed by Harco National Insurance Company. (blaws) [Transferred from Colorado on 1/12/2024.] |
| Filing 2 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (blaws) [Transferred from Colorado on 1/12/2024.] |
| Filing 1 NOTICE OF REMOVAL by Cascade Aircraft Management LLC from Douglas County District Court, Case Number 2023CV030365. (Filing fee $ 402, Receipt Number ACODC-9156693), filed by Cascade Aircraft Management LLC. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit 1 Complaint, #4 Exhibit 2 Civil Cover Sheet, #5 Exhibit 3 Summons to Cascade, #6 Exhibit 4 Summons to Leading Edge, #7 Exhibit 5 Summons to Burke, #8 Exhibit 6 Delay Reduction Order, #9 Exhibit 7 Summons to Leading Edge, #10 Exhibit 8 Return of Service Cascade, #11 Exhibit 9 Notice of Filing Notice of Removal, #12 Exhibit 10 Register of Actions, #13 Exhibit 11 Consent to Removal)(Lee, Evan) [Transferred from Colorado on 1/12/2024.] |
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