LUSHER SITE REMEDIATION GROUP v. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD et al
| LUSHER SITE REMEDIATION GROUP |
| EVANSTON INSURANCE CO., TRAVELERS INDEMNITY CO., OHIO CASUALTY INSURANCE CO., LIBERTY MUTUAL INSURANCE COMPANY, EMPLOYERS INSURANCE CO. OF WAUSAU, GRANITE STATE INSURANCE CO., ST. PAUL FIRE AND MARINE INSURANCE CO., AMERISURE MUTUAL INSURANCE CO., NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, ACE AMERICAN INSURANCE CO., TRANSPORTATION INSURANCE CO., CITIZENS INSURANCE CO. OF AMERICA and EVEREST NATIONAL INSURANCE CO. |
| 1:2018cv03785 |
| December 3, 2018 |
| US District Court for the Southern District of Indiana |
| Doris L Pryor |
| James R Sweeney |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 76 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff LUSHER SITE REMEDIATION GROUP and all parties, with consent. (Nguyen, Thao) |
| Filing 75 NOTICE of Appearance by William O. Williams, III on behalf of Defendant GRANITE STATE INSURANCE CO.. (Williams, William) |
| Filing 74 NOTICE of Appearance by Sarah H. Dearing on behalf of Defendant GRANITE STATE INSURANCE CO.. (Dearing, Sarah) |
Filing 73
ORDER granting Defendants' #64 Motion for Joinder in Defendants' Response in Opposition to Plaintiff's Motion for Remand 63 and in Appendix of Exhibits in Support of Defendants' Response in Opposition to Plaintiff's Motion for Remand #62 . Signed by Judge James R. Sweeney II on 1/24/2019. (JDC)
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| Filing 72 DEMAND for Trial by Jury, filed by Plaintiff LUSHER SITE REMEDIATION GROUP. (Nguyen, Thao) |
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Filing 71
ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME - This matter comes before the Court on the request by Defendants1 that the Court grant Defendants an extension of two weeks to respond to Plaintiff Lusher Site Remediation Group's Motion to Stay Briefing ECF No. #59 . The Court, having reviewed the matter, hereby GRANTS the Defendants' Unopposed Motion for Extension of Time. The deadline for the Defendants to file a response to Plaintiff's Motion to Stay Briefing ECF No. #59 is extended to and including February 6, 2019. Signed by Judge James R. Sweeney II on 1/24/2019. (JDC)
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| Filing 70 NOTICE of Appearance by Edward J. Tafe on behalf of Defendant NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. (Tafe, Edward) |
| Filing 69 Submission of Proposed Order , re #64 MOTION for Joinder in Defendants' Response in Opposition to Plaintiff's Motion for Remand #63 and in Appendix of Exhibits in Support of Defendants' Response in Opposition to Plaintiff's Motion for Remand #62 , filed by Defendants ST. PAUL FIRE AND MARINE INSURANCE CO., TRAVELERS INDEMNITY CO.. (Ruggirello, Nicole) |
| Filing 67 MOTION for Extension of Time to File Response to 2/6/2019 re #59 MOTION to Stay re #56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM briefing (UNOPPOSED), filed by Defendant AMERISURE MUTUAL INSURANCE CO.. (Attachments: #1 Text of Proposed Order)(Cameron, Clinton) |
| Filing 66 APPENDIX of Exhibits in Support of Defendants' Unopposed Motion for Extension of Time by AMERISURE MUTUAL INSURANCE CO.. (Attachments: #1 Exhibit 1: Plaintiff's Counsel's January 16, 2019 Email, #2 Exhibit 2: January 16 and 17, 2019 Email Chain between Counsel)(Cameron, Clinton) Modified on 1/22/2019 (JDC). created linked to #67 |
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Filing 68
ORDER GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION FOR REMAND - This matter comes before the Court on the request by Plaintiff Lusher Site Remediation Group (the "Group") that the Court grant the Group an extension of time of two weeks to file a reply in support of the Group's Motion for Remand Dkt #55 . The Court, having reviewed the matter, hereby GRANTS the Group's Motion for Extension of Time to File Reply in Support of Motion for Remand. The deadlinefor the Group to file a reply in support of the Motion for Remand [Dkt. 55] is extended to February 4, 2019. Signed by Judge James R. Sweeney II on 1/17/2019. (JDC)
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| Filing 65 MOTION for Extension of Time to File Reply to 2/4/2019 re #55 MOTION to Remand , filed by Plaintiff LUSHER SITE REMEDIATION GROUP. (Attachments: #1 Text of Proposed Order)(Sommers, Joanne) |
| Filing 64 MOTION for Joinder in Defendants' Response in Opposition to Plaintiff's Motion for Remand #63 and in Appendix of Exhibits in Support of Defendants' Response in Opposition to Plaintiff's Motion for Remand #62 , filed by Defendants ST. PAUL FIRE AND MARINE INSURANCE CO., TRAVELERS INDEMNITY CO.. (McMillen, Lauren) |
| Filing 63 RESPONSE in Opposition re #55 MOTION to Remand , filed by Defendant AMERISURE MUTUAL INSURANCE CO.. (Cameron, Clinton) |
| Filing 62 APPENDIX of Exhibits in Support of Defendants' Response in Opposition to Plaintiff's Motion to Remand #55 by AMERISURE MUTUAL INSURANCE CO.. (Attachments: #1 Exhibit 1: Group's Complaint in Northern District Action, #2 Exhibit 2: Group's Unopposed Motion for Extension of Time in Northern District Action, #3 Exhibit 3: Michigan Action Complaint, #4 Exhibit 4: Amerisure's December 4, 2018 Correspondence, #5 Exhibit 5: Clerk's Default Order in Michigan Action, #6 Exhibit 6: Group's Motion to Intervene in Michigan Action, #7 Exhibit 7: Amerisure's December 27, 2018 Correspondence, #8 Exhibit 8: Group's January 8, 2019 Email)(Cameron, Clinton) |
| Filing 61 NOTICE of Appearance by Clinton E. Cameron on behalf of Defendant AMERISURE MUTUAL INSURANCE CO.. (Cameron, Clinton) |
| Filing 60 MOTION for Leave to File Service of Process on Liberty Mutual, filed by Plaintiff LUSHER SITE REMEDIATION GROUP. (Attachments: #1 Exhibit 1: Request for Waiver of Service, #2 Text of Proposed Order)(Sommers, Joanne) |
| Filing 59 MOTION to Stay re #56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM briefing, filed by Plaintiff LUSHER SITE REMEDIATION GROUP. (Attachments: #1 Text of Proposed Order)(Sommers, Joanne) |
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Filing 58
SCHEDULING ORDER-TELEPHONIC Initial Pretrial Conference set for 2/5/2019 at 9:30 AM (Eastern) before Magistrate Judge Doris L. Pryor. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. Signed by Magistrate Judge Doris L. Pryor on 1/8/2019.(CBU)
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| Filing 57 BRIEF/MEMORANDUM in Support re #56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant AMERISURE MUTUAL INSURANCE CO.. (Golding, Emily) |
| Filing 56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant AMERISURE MUTUAL INSURANCE CO.. (Golding, Emily) |
| Filing 55 MOTION to Remand , filed by Plaintiff LUSHER SITE REMEDIATION GROUP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Sommers, Joanne) Modified on 1/2/2019 (JDC). |
| Filing 54 NOTICE of Appearance by Christopher Patrick Hemphill on behalf of Defendant ACE AMERICAN INSURANCE CO.. (Hemphill, Christopher) |
| Filing 53 Submission Of Additional State Court Records filed by Marion County Clerk's Office. (49D01-1811-PL-044261) (Attachments: #1 Envelope)(JDC) |
| Filing 52 Corporate Disclosure Statement by OHIO CASUALTY INSURANCE CO.. (Kalamaros, Philip) |
| Filing 51 Corporate Disclosure Statement by LIBERTY MUTUAL INSURANCE COMPANY. (Kalamaros, Philip) |
| Filing 50 Corporate Disclosure Statement by EMPLOYERS INSURANCE CO. OF WAUSAU. (Kalamaros, Philip) |
| Filing 49 Submission of Additional State Court Records filed by Marion County Clerks Office (49D01-1811-PL-044261). (Attachments: #1 Envelope)(JDC) |
| Filing 48 Entry on Motions for Joinder - This case was initiated in the Marion County Superior Court on November 5, 2018. On December 3, 2018, Defendants National Fire Insurance Company of Hartford and Transportation Insurance Company filed a Notice of Removal ECF No. #1 under 28 U.S.C. 1441 and 1446, invoking diversity jurisdiction under 28 U.S.C. 1332. All other defendants in this action each filed on December 3, 2018, a Motion for Joinder in Notice of Removal of Action ECF Nos. #7 , #11 , #12 , #15 , #19 , #22 , #25 , #28 , #30 , #32 . All Motions for Joinder are GRANTED. ***SEE ENTRY***. Signed by Judge James R. Sweeney II on 12/6/2018. (JDC) |
| Filing 47 Submission of Signature Requirement re #38 Corporate Disclosure Statement by ST. PAUL FIRE AND MARINE INSURANCE CO.. (McMillen, Lauren) |
| Filing 46 Submission of Signature Requirement re #37 Corporate Disclosure Statement by TRAVELERS INDEMNITY CO.. (McMillen, Lauren) |
| Filing 45 NOTICE of Parties' First Extension of Time, filed by Defendant GRANITE STATE INSURANCE CO.. (Beth, Phillip) |
| Filing 44 NOTICE of Parties' First Extension of Time, filed by Defendant AMERISURE MUTUAL INSURANCE CO.. (Golding, Emily) |
| Filing 43 NOTICE of Parties' First Extension of Time, filed by Defendant ACE AMERICAN INSURANCE CO.. (Wilinski, Nicole) |
| Filing 42 NOTICE of Parties' First Extension of Time, filed by Defendant CITIZENS INSURANCE CO. OF AMERICA. (Wilinski, Nicole) |
| Filing 41 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Lauren Beth McMillen hereby notifies the Clerk of the court of changed contact information. (McMillen, Lauren) |
| Filing 40 NOTICE of Parties' First Extension of Time, filed by Defendants NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, TRANSPORTATION INSURANCE CO.. (Shelby, Katherine) |
| Filing 39 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Kimbley A. Kearney hereby notifies the Clerk of the court of changed contact information. (Kearney, Kimbley) |
| Filing 38 Corporate Disclosure Statement by ST. PAUL FIRE AND MARINE INSURANCE CO. identifying Corporate Parent TRAVELERS COMPANIES, INC. for ST. PAUL FIRE AND MARINE INSURANCE CO... (Ruggirello, Nicole) |
| Filing 37 Corporate Disclosure Statement by TRAVELERS INDEMNITY CO. identifying Corporate Parent TRAVELERS INSURANCE GROUP HOLDINGS INC, Corporate Parent TRAVELERS COMPANIES, INC., Corporate Parent TRAVELERS PROPERTY CASUALTY CORP., Other Affiliate GULF INSURANCE COMPANY for TRAVELERS INDEMNITY CO... (Ruggirello, Nicole) |
| Filing 36 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Charles W. Browning hereby notifies the Clerk of the court of changed contact information. (Browning, Charles) |
| Filing 35 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Stephen P. Brown hereby notifies the Clerk of the court of changed contact information. (Brown, Stephen) |
| Filing 34 Submission of Signature Requirement re #13 Notice of Appearance by GRANITE STATE INSURANCE CO.. (Beth, Phillip) |
| Filing 33 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) |
| Filing 32 MOTION for Joinder in Notice of Removal of Action #1 , filed by Defendant LIBERTY MUTUAL INSURANCE COMPANY. (Kalamaros, Philip) |
| Filing 31 NOTICE of Appearance by Philip Edward Kalamaros on behalf of Defendant LIBERTY MUTUAL INSURANCE COMPANY. (Kalamaros, Philip) |
| Filing 30 MOTION for Joinder in Notice of Removal of Action #1 , filed by Defendant EMPLOYERS INSURANCE CO. OF WAUSAU. (Kalamaros, Philip) Modified on 12/3/2018 (MAC). |
| Filing 29 NOTICE of Appearance by Philip Edward Kalamaros on behalf of Defendant EMPLOYERS INSURANCE CO. OF WAUSAU. (Kalamaros, Philip) |
| Filing 28 MOTION for Joinder in Notice of Removal of Action #1 , filed by Defendant OHIO CASUALTY INSURANCE CO.. (Kalamaros, Philip) Modified on 12/3/2018 (HET). Modified on 12/3/2018 (HET). Modified on 12/3/2018 (MAC). |
| Filing 27 NOTICE of Appearance by Philip Edward Kalamaros on behalf of Defendant OHIO CASUALTY INSURANCE CO.. (Kalamaros, Philip) |
| Filing 26 Corporate Disclosure Statement by ACE AMERICAN INSURANCE CO. identifying Corporate Parent Chubb Limited, Corporate Parent INA Holdings Corp. for ACE AMERICAN INSURANCE CO... (Wilinski, Nicole) |
| Filing 25 MOTION for Joinder in Notice of Removal of Action #1 , filed by Defendant ACE AMERICAN INSURANCE CO.. (Wilinski, Nicole) |
| Filing 24 NOTICE of Appearance by Nicole E. Wilinski on behalf of Defendant ACE AMERICAN INSURANCE CO.. (Wilinski, Nicole) |
| Filing 23 Corporate Disclosure Statement by CITIZENS INSURANCE CO. OF AMERICA identifying Corporate Parent Opus Investment Management Inc, Corporate Parent The Hanover Insurance Group, Inc, Corporate Parent THE HANOVER INSURANCE COMPANY for CITIZENS INSURANCE CO. OF AMERICA.. (Wilinski, Nicole) |
| Filing 22 MOTION for Joinder IN NOTICE OF REMOVAL OF ACTION, filed by Defendant EVANSTON INSURANCE CO.. (Kearney, Kimbley) |
| Filing 21 Corporate Disclosure Statement by EVANSTON INSURANCE CO. identifying Corporate Parent MARKEL CORPORATION for EVANSTON INSURANCE CO... (Kearney, Kimbley) |
| Filing 20 NOTICE of Appearance by Kimbley A. Kearney on behalf of Defendant EVANSTON INSURANCE CO.. (Kearney, Kimbley) |
| Filing 19 MOTION for Joinder in Notice of Removal of Action #1 , filed by Defendant CITIZENS INSURANCE CO. OF AMERICA. (Wilinski, Nicole) |
| Filing 18 NOTICE of Appearance by Shannon L.H. Phillips on behalf of Defendant CITIZENS INSURANCE CO. OF AMERICA. (Phillips, Shannon) |
| Filing 17 Corporate Disclosure Statement by GRANITE STATE INSURANCE CO. identifying Corporate Parent AMERICAN INTERNATIONAL GROUP, INC for GRANITE STATE INSURANCE CO... (Beth, Phillip) |
| Filing 16 NOTICE of Appearance by Nicole E. Wilinski on behalf of Defendant CITIZENS INSURANCE CO. OF AMERICA. (Wilinski, Nicole) |
| Filing 15 MOTION for Joinder in Notice of Removal of Action #1 , filed by Defendant GRANITE STATE INSURANCE CO.. (Beth, Phillip) |
| Filing 14 Corporate Disclosure Statement by EVEREST NATIONAL INSURANCE CO.. (Brown, Stephen) |
| Filing 13 NOTICE of Appearance by Phillip K. Beth on behalf of Defendant GRANITE STATE INSURANCE CO.. (Beth, Phillip) |
| Filing 12 MOTION for Joinder in Notice of Removal of Action #1 , filed by Defendant EVEREST NATIONAL INSURANCE CO.. (Brown, Stephen) |
| Filing 11 MOTION for Joinder in Notice of Removal of Action #1 , filed by Defendants ST. PAUL FIRE AND MARINE INSURANCE CO., TRAVELERS INDEMNITY CO.. (McMillen, Lauren) |
| Filing 10 NOTICE of Appearance by Lauren Beth McMillen on behalf of Defendants ST. PAUL FIRE AND MARINE INSURANCE CO., TRAVELERS INDEMNITY CO.. (McMillen, Lauren) |
| Filing 9 NOTICE of Appearance by Charles W. Browning on behalf of Defendants ST. PAUL FIRE AND MARINE INSURANCE CO., TRAVELERS INDEMNITY CO.. (Browning, Charles) |
| Filing 8 NOTICE of Appearance by Nicole C. Ruggirello on behalf of Defendants ST. PAUL FIRE AND MARINE INSURANCE CO., TRAVELERS INDEMNITY CO.. (Ruggirello, Nicole) |
| Filing 7 MOTION for Joinder in Notice of Removal of Action #1 , filed by Defendant AMERISURE MUTUAL INSURANCE CO.. (Golding, Emily) |
| Filing 6 Corporate Disclosure Statement by AMERISURE MUTUAL INSURANCE CO. identifying Corporate Parent AMERISURE, INC., Corporate Parent AMERISURE MUTUAL HOLDINGS, INC. for AMERISURE MUTUAL INSURANCE CO... (Golding, Emily) |
| Filing 5 NOTICE of Appearance by Emily A. Golding on behalf of Defendant AMERISURE MUTUAL INSURANCE CO.. (Golding, Emily) |
| Filing 4 Corporate Disclosure Statement by NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, TRANSPORTATION INSURANCE CO.. (Shelby, Katherine) |
| Filing 3 NOTICE to Plaintiff of Filing Notice of Removal, filed by Defendants NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, TRANSPORTATION INSURANCE CO. (Shelby, Katherine) |
| Filing 2 NOTICE of Appearance by Katherine L. Shelby on behalf of Defendants NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, TRANSPORTATION INSURANCE CO.. (Shelby, Katherine) |
| Filing 1 NOTICE OF REMOVAL from Marion Superior Court 1, case number 49D01-1811-PL-044261, filed by TRANSPORTATION INSURANCE CO., NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. (Filing fee $400, receipt number 0756-5179786) (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Certificate of Merger Filed With Ohio Secretary of State, #3 Exhibit C - Certificate of Merger Filed With Tennessee Secretary of State, #4 Exhibit D - Notice of Dissolution, #5 Exhibit E - State Court Record Filed in Marion County Commercial Court, #6 Exhibit F - Copy of Notice Filed with Clerk of Marion County, #7 Civil Cover Sheet)(Shelby, Katherine) |
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