Birch Gold Group, LP v. Certain Underwriters at Lloyd's of London Subscribing to Policy Number N194678 et al
| Birch Gold Group, LP |
| Chubb Underwriting Agencies LTD, Certain Underwriters at Lloyd's of London Subscribing to Policy Number N194678 and Talbot Underwriting LTD |
| 1:2020cv07750 |
| December 28, 2020 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Contract: Insurance |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on February 2, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's first motion to extend time to respond to Defendants' motion to dismiss for improper venue or, in the alternative, motion to transfer venue #18 is granted. Plaintiff's response to Defendants' motion to dismiss for improper venue or, in the alternative, motion to transfer venue #4 is due by 3/4/2021. Defendants' reply is due by 3/24/2021. (rao, ) |
| Filing 18 MOTION by Plaintiff Birch Gold Group, LP for extension of time (Hughes, Christopher) |
| Filing 17 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff Birch's consent motion to extend time to respond to defendants' notice of removal #16 . The motion seeks a 10-day extension of the 30-day deadline for Birch to file a motion to remand under 28 U.S.C. 1447(c). Section 1447(c) provides as relevant: "A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a). If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." The motion #16 states that defendants agree to the 10-day extension for Birch to file a motion to remand and do not oppose the motion. The motion cites Fed. R. Civ. P. 6(b)(1) as the basis of the court's authority to extend the deadline. The court offers the following tentative views, subject to briefing on any motion to remand: The Federal Rules of Civil Procedure do not provide authority for the court to extend a deadline that is set by statute. However, Birch may still seek remand in at least the following circumstances (a nonexhaustive list as none of these issues have been briefed). First, by the terms of 1447(c), as well as under the court's ongoing obligation to ensure that it has subject matter jurisdiction, if the basis of the motion to remand is subject matter jurisdiction, the motion may be made at any time. Second, if the motion relates to "any defect other than lack of subject matter jurisdiction," the statutory 30-day deadline does apply. The court cannot extend that statutory deadline under Rule 6(b)(1). Nonetheless, the court does not see why defendants cannot waive the argument (based on the statute) that a motion filed 10 days after the 30-day deadline is untimely. The court construes the consent motion as such a waiver by defendants. Thus, the motion for extension #16 is denied (because the court lacks authority to extend the deadline) but the court recognizes the defendants' waiver of a timeliness argument for motions filed 10 days after the 30-day deadline. Because the parties have not briefed any of the above issues, and there may very well be relevant authority on them, the parties are free to present arguments on any of them if and when a motion to remand is filed and briefed. (rao, ) |
| Filing 16 MOTION by Plaintiff Birch Gold Group, LP for extension of time to Respond to Notice of Removal, MOTION by Plaintiff Birch Gold Group, LP to remand (Hughes, Christopher) |
| Filing 15 ATTORNEY Appearance for Plaintiff Birch Gold Group, LP by Christopher Ray Hughes (Hughes, Christopher) |
Filing 14
ORDER: Sean R. Simpson's motion for leave to appear pro hac vice on behalf of Certain Underwriters at Lloyd's of London Subscribing to Policy Number N184678, Chubb Underwriters Agencies Ltd., and Talbot Underwriting, Ltd. #10 is granted. Signed by the Honorable Martha M. Pacold on 1/7/2021. Mailed notice (aee, )
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| Filing 13 MINUTE entry before the Honorable Martha M. Pacold:The motion hearing set for 1/26/2021 is stricken. (rao, ) |
| Filing 12 MINUTE entry before the Honorable Martha M. Pacold:Plaintiff's response to Defendants' motion to dismiss for improper venue or, in the alternative, motion to transfer venue #4 is due by 2/2/2021. Defendants' reply is due by 2/19/2021. (rao, ) |
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Filing 11
ORDER: Amy Resh's motion for leave to appear pro hac vice on behalf of Certain Underwriters at LLoyd's of London Subscribing to Policy Number N184678, Chubb Underwriting Agencies Ltd., and Talbot Underwriting, Ltd. #7 is granted. Ralph A. Guirgis's motion for leave to appear pro hac vice on behalf of Certain Underwriters at LLoyd's of London Subscribing to Policy Number N184678, Chubb Underwriting Agencies Ltd., and Talbot Underwriting, Ltd. #8 is granted. Signed by the Honorable Martha M. Pacold on 1/6/2021. Mailed notice (rp, )
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| Filing 10 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17801269. Sean R. Simpson (Simpson, Sean) |
| Filing 9 MAILED Notice of Removal letter to counsel of record. (rp, ) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17796949. Ralph A. Guirgis (Attachments: #1 Exhibit A - Title of Court)(Guirgis, Ralph) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17796890. (Resh, Amy) |
| Filing 6 NOTICE of Motion by Jared Kent Clapper for presentment of motion to dismiss, #4 before Honorable Martha M. Pacold on 1/26/2021 at 09:30 AM. (Clapper, Jared) |
| Filing 5 MEMORANDUM by Certain Underwriters at Lloyd's of London Subscribing to Policy Number N194678, Chubb Underwriting Agencies LTD, Talbot Underwriting LTD in support of motion to dismiss, #4 (Attachments: #1 Declaration of Jared K. Clapper in Support of Motion to Dismiss)(Clapper, Jared) |
| Filing 4 MOTION by Defendants Talbot Underwriting LTD, Chubb Underwriting Agencies LTD, Certain Underwriters at Lloyd's of London Subscribing to Policy Number N194678 to dismiss for improper venue or, in the alternative, motion to transfer venue (Clapper, Jared) |
| Filing 3 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Certain Underwriters at Lloyd's of London Subscribing to Policy Number N194678, Chubb Underwriting Agencies LTD, Talbot Underwriting LTD (Clapper, Jared) |
| Filing 2 ATTORNEY Appearance for Defendants Certain Underwriters at Lloyd's of London Subscribing to Policy Number N194678, Chubb Underwriting Agencies LTD, Talbot Underwriting LTD by Jared Kent Clapper (Clapper, Jared) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Chancery Division, case number (2020CH05784) filed by Certain Underwriters at Lloyd's of London Subscribing to Policy Number N194678, Chubb Underwriting Agencies LTD, Talbot Underwriting LTD Filing fee $ 402, receipt number 0752-17780800. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Declaration of Sean R. Simpson, #8 Civil Cover Sheet)(Clapper, Jared) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (as, ) |
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| Defendant: Chubb Underwriting Agencies LTD | |
| Represented By: | Jared Kent Clapper |
| Represented By: | Amy Resh |
| Represented By: | Ralph Guirgis |
| Represented By: | Sean Simpson |
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| Defendant: Certain Underwriters at Lloyd's of London Subscribing to Policy Number N194678 | |
| Represented By: | Jared Kent Clapper |
| Represented By: | Amy Resh |
| Represented By: | Ralph Guirgis |
| Represented By: | Sean Simpson |
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| Defendant: Talbot Underwriting LTD | |
| Represented By: | Jared Kent Clapper |
| Represented By: | Amy Resh |
| Represented By: | Ralph Guirgis |
| Represented By: | Sean Simpson |
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| Plaintiff: Birch Gold Group, LP | |
| Represented By: | Ray Hughes |
| Represented By: | Christopher Ray Hughes |
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