Earthstone Inc v. Travelers Casualty Insurance Company of America
| Earthstone Inc |
| Travelers Casualty Insurance Company of America |
| 2:2023cv00044 |
| February 6, 2023 |
| US District Court for the Northern District of Indiana |
| James T Moody |
| Andrew P Rodovich |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Defendant |
Docket Report
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This docket was last retrieved on September 13, 2023. A more recent docket listing may be available from PACER.
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Filing 22
Scheduled as TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 3/24/23 before Magistrate Judge Andrew P Rodovich. Pla appeared by atty William Beyers. Dft appeared by atty Eric McNamar. Plaintiff's reply to defendant's response to #18 motion to be filed by 4/14/23. Discovery STAYED. Telephonic Status Conference SET for 5/19/23 at 10:00 AM before Magistrate Judge Andrew P Rodovich. Parties are instructed to dial 877-336-1274 and enter access code 4620540# when prompted to join the conference. (ATT). (nal) Modified on 3/24/2023 to correct hearing information. (nal)
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Set Hearings per DE 22. Telephonic Status Conference set for 5/19/23 at 10:00 AM before Magistrate Judge Andrew P Rodovich. Parties are instructed to dial 877-336-1274 and enter access code 4620540# when prompted to join the conference. (nal)
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Filing 21
RESPONSE to Motion re #18 MOTION to Remand filed by Travelers Casualty Insurance Company of America. (Attachments: #1 Exhibit Connecticut Complaint, #2 Exhibit Travelers' Objections to Requests for Admissions)(McNamar, Eric)
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Filing 20
REPORT of Rule 26(f) Planning Meeting. (McNamar, Eric)
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Filing 19
MEMORANDUM in Support of #18 MOTION to Remand filed by Earthstone Inc. (Attachments: #1 Exhibit Connecticut Complaint)(Beyers, William)
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Filing 18
MOTION to Remand by Plaintiff Earthstone Inc. (Beyers, William)
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Filing 17
NOTICE of Appearance by William D Beyers on behalf of Earthstone Inc (Beyers, William)
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Filing 16
MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (tc)
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Filing 15
ORDER: Telephonic Rule 16 Preliminary Pretrial Conference set for 3/24/2023 09:30 AM (Central time) before Magistrate Judge Andrew P Rodovich. Parties are instructed to dial 877-336-1274 and enter access code 4620540# when prompted to join the conference. A proposed Discovery Plan under Federal Rule of Civil Procedure 26(f) to be filed no later than five (5) business days prior to the pretrial conference. Signed by Magistrate Judge Andrew P Rodovich on 3/7/2023. (tc)
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Filing 14
ANSWER to Complaint by Travelers Casualty Insurance Company of America.(McNamar, Eric)
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Filing 13
ORDER The court, being duly advised, herebyGRANTS the Motion #11 . Therefore, the court notes that the plaintiffs reply filed onMarch 2, 2023, is timely.Signed by Magistrate Judge Andrew P Rodovich on 3/3/2023. (rs)
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Filing 12
REPLY to Response to Motion re #9 MOTION for Umpire Appointment filed by Earthstone Inc. (Attachments: #1 Exhibit Appraiser Email, #2 Exhibit Linville and Dugan Cvs, #3 Exhibit Linville Appointments, #4 Exhibit Dugan Appointment, #5 Exhibit Nowarita Appointment, #6 Exhibit Bart Myers CV, #7 Exhibit Nowartia Appointment, #8 Exhibit Myers Appointment, #9 Exhibit Schwartz and Wenz Nominations)(Beyers, William)
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Filing 11
MOTION for Extension of Time to File Response/Reply as to #9 MOTION for Appointment of Umpire by Plaintiff Earthstone Inc. (Attachments: #1 Proposed Order)(Beyers, William)
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Filing 10
ORDER: The court STRIKES Plaintiff's Automatic Extension of Time to Reply #8 filed by Earthstone Inc. on February 22, 2023. Because the plaintiff's extension of time to reply pertains to a motion, and not a responsive pleading or discovery request, an automatic initial extension pursuant to Indiana Local Rule 6-1(b) is not appropriate and Local Rule 6-1(a) applies instead. Therefore, the plaintiff is ORDERED to file a motion for an extension of time in accordance with Indiana Local Rule 6-1(a). Signed by Magistrate Judge Andrew P Rodovich on 2/27/23. (ksp)
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Set Deadlines per #8 Earthstone Inc. answer due by 3/2/23. (nal)
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Filing 8
*** STRICKEN PER ORDER DE #10 *** NOTICE by Earthstone Inc re #7 Response/Reply,, Automatic Extension of Time to Reply (Beyers, William) Modified on 2/27/2023 to add text (ksp).
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Filing 7
DEFENDANT TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA'S OPPOSITION TO PLAINTIFF'S #9 MOTION FOR APPOINTMENT OF UMPIRE by Travelers Casualty Insurance Company of America . (Attachments: #1 Exhibit 7-1 - Earthstone Policy, #2 Exhibit 7-2 - Ltr from Travelers to Earthstone, #3 Exhibit 7-3 - Ltr from Don Mitchell re: Response to Appraisal Demand, #4 Exhibit 7-4 - Jan./March Emails Between Appraisers, #5 Exhibit 7-5 - Emails re: Earthstone Umpire Nominees, #6 Exhibit 7-6 - Connecticut Complaint, #7 Exhibit 7-7 - Michael Schwartz CV, #8 Exhibit 7-8 - David Wenz CV)(McNamar, Eric) Modified on 2/27/2023 to add hyperlink #9 (rmf).
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Filing 6
MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Andrew P Rodovich on 2/8/2023. (tc)
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Senior Judge James T Moody and Magistrate Judge Andrew P Rodovich added. **NEW CASE, MOTION PENDING** (ash) Modified on 2/24/2023 to add Motion (ash).
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Filing 4
NOTICE of Appearance by Eric C McNamar on behalf of Travelers Casualty Insurance Company of America (McNamar, Eric)
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Filing 3
Corporate Disclosure Statement by Travelers Casualty Insurance Company of America identifying Corporate Parent The Travelers Companies Inc, Other Affiliate Travelers Casualty and Surety Company, Other Affiliate Travelers Property Casualty Corporation, Other Affiliate Travelers Insurance Group Holdings Inc for Travelers Casualty Insurance Company of America.. (Abel, Edmund)
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Filing 2
NOTICE of Appearance by Edmund L Abel on behalf of Travelers Casualty Insurance Company of America (Abel, Edmund)
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Filing 1
NOTICE OF REMOVAL (Filing fee $ 402 receipt number AINNDC-5151685.) from Porter County Superior Court, Cause No. 64D02-2301-PL-000016, filed by Travelers Casualty Insurance Company of America. (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Complaint (Part 1 of 3), #3 Exhibit State Court Complaint (Part 2 of 3), #4 Exhibit State Court Complaint (Part 3 of 3), #5 Exhibit State Court Record (Part 1 of 3) (Docket, Complaint, Jury Demand, Summons, Certified Mail Receipt, Appearance, Motion for Enlargement of Time, Motion for Appointment of Umpire, Order Granting Motion for Enlargement of Time, Notice of Intent to Respond to Plaintiff's Motion for Appointment of Umpire, Amended Notice of Intent to Respond to Plaintiff's Motion for Appointment of Umpire), #6 Exhibit State Court Record (Part 2 of 3), #7 Exhibit State Court Record (Part 3 of 3))(Abel, Edmund)
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| Plaintiff: Earthstone Inc | |
| Represented By: | William D Beyers |
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| Defendant: Travelers Casualty Insurance Company of America | |
| Represented By: | Eric C McNamar |
| Represented By: | Edmund L Abel |
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