TCFI BELL SPE III LLC v. BELL AQUACULTURE LLC et al
Plaintiff: TCFI BELL SPE III LLC
Defendant: BELL AQUACULTURE LLC
Garnishee: WESTFIELD INSURANCE COMPANY
Case Number: 1:2016cv02269
Filed: August 25, 2016
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Mark J. Dinsmore
Presiding Judge: Tanya Walton Pratt
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Notice of Removal
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 30, 2019 Opinion or Order Filing 288 ENTRY on Cross Motions for Partial Summary Judgment - Plaintiff Westfield Insurance Company's Motion for Partial Summary Judgment regarding coverage under the EBC Endorsement is GRANTED IN PART AND DENIED IN PART (Filing No. 99 ), and Defendan t Bell Aquaculture LLC's Cross-motion on coverage is GRANTED IN PART AND DENIED IN PART (Filing No. 108 ). The EBC Endorsement generally excludes coverage for any loss or damage to animals; however, under the circumstances of this case, the spe cific coverage for spoilage under the EBC Endorsement applies to the loss of Bell's fish, subject to the coverage limit for that specific coverage grant. Westfield's Motion for Partial Summary Judgment on the bad faith counterclaim is GRANTED, and that counterclaim is dismissed (Filing No. 143 ). Signed by Judge Tanya Walton Pratt on 3/30/2019. (TRG)
March 28, 2019 Opinion or Order Filing 286 ENTRY ON DEFENDANT TCFI'S 116 MOTION FOR SUMMARY JUDGMENT - For the foregoing reasons, TCFI's Motion for Summary Judgment on its Request for Order of Attachment (Filing No. 116 ) is GRANTED in part and DENIED in part (without prejudic e to refile). Summary judgment is granted on TCFI's claim that it has a continuing lien against any amounts payable or that may become payable, if any, by Westfield to Bell. Accordingly, Bell is forbidden from transferring the Insurance Claim s and any proceeds thereof, without written consent or order of this Court. Summary judgment is denied on the issue of attachment. TCFI is granted leave to file a verified motion or motion with affidavits and a request for hearing (or alternatively, attach interrogatories) on the motion for proceedings supplemental to execution. Signed by Judge Tanya Walton Pratt on 3/28/2019. (NAD)
March 25, 2019 Opinion or Order Filing 285 ENTRY ON PENDING MOTIONS NO. 181 , 193 , 216 AND 217 - For the reasons explained above, Bell's Motion to Incorporate (Filing No. 193) is GRANTED; Bell's Motion to Supplement Appendix (Filing No. 216 ) is GRANTED for the purpose of authenticating the previously-filed designated evidence; Bell's Motion to File Surreply (Filing No. 217 ) is GRANTED in part and DENIED in part, and the proposed surreply brief submitted at Filing No. 217-1 is deemed filed as of the d ate of this Entry, but the Court will not consider the section, "II. Westfield's New Legal Arguments," on pages 12 through 13; and Westfield's Objection to Magistrate Judge's Order (Filing No. 181 ) is GRANTED. (See Order.) Signed by Judge Tanya Walton Pratt on 3/25/2019. (NAD)
August 29, 2016 Opinion or Order Filing 7 ENTRY ON JURISDICTION - Therefore, the Garnishee Defendant is ORDERED to file a Supplemental Jurisdictional Statement that establishes the Court's jurisdiction over this case. This statement should specifically identify the citizenship of Plaintiff TCFI Bell SPE III LLC. This jurisdictional statement is due fourteen (14) days from the date of this Entry. **SEE ORDER** Copy to Defendant via U.S. Mail. Signed by Judge Tanya Walton Pratt on 8/29/2016.(JLS) Modified on 8/30/2016 (JLS).
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Defendant: BELL AQUACULTURE LLC
Represented By: Jenny R. Buchheit
Represented By: Angela Pease Krahulik
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Plaintiff: TCFI BELL SPE III LLC
Represented By: Dustin R. DeNeal
Represented By: Kevin Morris Toner
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Garnishee: WESTFIELD INSURANCE COMPANY
Represented By: Mark R. Smith
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