MT. HAWLEY INSURANCE COMPANY v. MCKINLEY, INC. et al.
| MT. HAWLEY INSURANCE COMPANY |
| MCKINLEY, INC. and Castleton Corner Owners Association, Inc. |
| 1:2019cv04604 |
| November 19, 2019 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A Baker |
| Mark J Dinsmore |
| Jane Magnus-Stinson |
| James R Sweeney |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 71 MARGINAL ENTRY - The Court accepts the parties' Joint Jurisdictional Statement, [Dkt. 70], as sufficient to establish this Court's diversity jurisdiction at this time. The Court cautions all parties that statements in future filings that contradict the parties' representations herein will prompt the Court to require further action by the parties. Accordingly, such statements should not be made without thorough investigation. Signed by Judge Jane Magnus-Stinson on 1/6/2020.(JDH) |
| Filing 70 Jurisdictional Statement (Joint), re #55 Order by MT. HAWLEY INSURANCE COMPANY. (Newa, Kenneth) |
| Filing 69 Exhibit List Preliminary, filed by Counter Claimant MCKINLEY, INC.. (Phillips, Randall) |
| Filing 68 Witness List Preliminary, filed by Counter Claimant MCKINLEY, INC.. (Phillips, Randall) |
| Filing 67 Witness List Preliminary, filed by Counter Claimant MCKINLEY, INC.. (Phillips, Randall) |
| Filing 66 Exhibit List , Preliminary, filed by Defendant CASTLETON CORNER OWNERS ASSOCIATION, INC., Counter Claimant CASTLETON CORNER OWNERS ASSOCIATION, INC.. (Buchheit, Jenny) |
| Filing 65 Witness List , Preliminary, filed by Defendant CASTLETON CORNER OWNERS ASSOCIATION, INC., Counter Claimant CASTLETON CORNER OWNERS ASSOCIATION, INC.. (Buchheit, Jenny) |
| Filing 64 Witness List Plaintiff's Preliminary Witness and Exhibit Lists, filed by Plaintiff MT. HAWLEY INSURANCE COMPANY, Counter Defendant MT. HAWLEY INSURANCE COMPANY. (Newa, Kenneth) |
| Filing 60 NOTICE of Service of Initial Disclosures , filed by Plaintiff MT. HAWLEY INSURANCE COMPANY, Counter Defendants MT. HAWLEY INSURANCE COMPANY, MT. HAWLEY INSURANCE COMPANY. (Newa, Kenneth) |
| Filing 59 NOTICE of Service of Initial Disclosures , filed by Plaintiff MT. HAWLEY INSURANCE COMPANY, Counter Defendants MT. HAWLEY INSURANCE COMPANY, MT. HAWLEY INSURANCE COMPANY. (Newa, Kenneth) |
| Filing 58 NOTICE OF SERVICE OF INITIAL DISCLOSURES, filed by Counter Claimant MCKINLEY, INC. (Phillips, Randall) |
Filing 63
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 12/20/2019. Court & parties discussed schedule for resolution of choice of law issue raised by parties. [See #45 at 10.] Parties are authorized to file separate motions for summary judgment on choice of law issue to be briefed pursuant to schedule as set forth. Parties should focus efforts to conduct discovery necessary to choice of law issue so as to conform to briefing schedule. *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 62
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Discovery due by 9/4/2020. Dispositive Motions due by 10/2/2020. Signed by Magistrate Judge Mark J. Dinsmore on 12/20/2019. *SEE ALL DEADLINES.* (GD)
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Filing 61
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 12/17/2019. Approved Case Management Plan, as amended, to be entered by separate order. Court sua sponte hereby amends #36 approved Stipulated Protective Order [Dkt. 36]. Information set forth in #45 parties' proposed Case Management Plan satisfies the parties' requirements pursuant to Local Rule 16-2. Telephonic Status Conference set for 2/19/2020 at 11:00 AM (Eastern Time). Settlement Conference set for 8/12/2020 at 1:00 PM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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| Filing 57 NOTICE of Service of Initial Disclosures , filed by Defendant CASTLETON CORNER OWNERS ASSOCIATION, INC., Counter Claimant CASTLETON CORNER OWNERS ASSOCIATION, INC.. (Buchheit, Jenny) |
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Filing 56
ORDER Regarding Protective Orders. Signed by Magistrate Judge Mark J. Dinsmore on 12/20/2019.(CBU)
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Filing 55
ORDER - In order for the Court to determine whether it has diversity jurisdiction over this matter, the parties are ORDERED to conduct whatever investigation is necessary and file a Joint Jurisdictional Statement by January 9, 2020, properly setting forth each party's citizenship. If agreement cannot be reached on the contents of a Joint Jurisdictional Statement, competing statements must be filed by that date. (See Order). Signed by Judge Jane Magnus-Stinson on 12/19/2019.(JDH)
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| Filing 54 NOTICE of Reassignment of Case to Judge Jane Magnus-Stinson. Judge James R. Sweeney II is no longer assigned to this case. Please include the new case number, 1:19-cv-04604-JMS-MJD, on all future filings in this matter. (REO) |
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Filing 53
ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Judge James R. Sweeney II on 12/18/2019. (BRR)
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Filing 52
ORDER granting #49 Motion to Withdraw Attorney Appearance. Attorney Lawrence J. Murphy withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 12/17/2019. (SWM)
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| Filing 51 Submission of Proposed Order , re #49 MOTION to Withdraw Attorney Appearance Lawrence J. Murphy, filed by Defendant CASTLETON CORNER OWNERS ASSOCIATION, INC.. (Murphy, Lawrence) |
| Filing 50 NOTICE of Appearance by Kelsey Christina Dilday on behalf of Counter Claimant MCKINLEY, INC., Defendant MCKINLEY, INC.. (Dilday, Kelsey) |
| Filing 49 MOTION to Withdraw Attorney Appearance Lawrence J. Murphy, filed by Defendant CASTLETON CORNER OWNERS ASSOCIATION, INC.. (Murphy, Lawrence) |
| Filing 48 NOTICE of Appearance by Charles P. Edwards on behalf of Counter Claimant MCKINLEY, INC., Defendant MCKINLEY, INC.. (Edwards, Charles) |
| Filing 47 NOTICE of Appearance by Randall E. Phillips on behalf of Defendant MCKINLEY, INC.. (Phillips, Randall) |
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Filing 46
ORDER granting Randall E. Phillips #43 Motion to Appear pro hac vice on behalf of MCKINLEY, INC. If not already registered with the Court's Electronic Filing System, Randall E. Phillips is ordered to register within ten (10) days of the entry of this order. Copy to Randall E. Phillips via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 12/13/2019. (SWM)
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| Filing 45 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff MT. HAWLEY INSURANCE COMPANY, Counter Defendant MT. HAWLEY INSURANCE COMPANY . (Newa, Kenneth) |
| Filing 43 MOTION for Attorney(s) Randall E. Phillips to Appear pro hac vice (Filing fee $100, receipt number IP067646). (Attachments: #1 cover letter, #2 Text of Proposed Order, #3 Envelope)(JDC) |
| Filing 42 NOTICE of Appearance by Kenneth C. Newa on behalf of Plaintiff MT. HAWLEY INSURANCE COMPANY, Counter Defendant MT. HAWLEY INSURANCE COMPANY. (Newa, Kenneth) |
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Filing 41
SCHEDULING ORDER: The Court sua sponte VACATES the September 4, 2019 Scheduling Order [Dkt. #32 ]. Initial Pretrial Conference set for 12/17/2019 03:00 PM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan ("CMP") on or before December 15, 2019. Section III(A) through (E) of the proposed CMP shall include the following deadlines (see Order for established deadlines and additional information). Signed by Magistrate Judge Mark J. Dinsmore on 12/3/2019.(SWM)
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| Filing 40 NOTICE of Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge Tim A. Baker is no longer assigned to this case. Please include the new case number, 1;19-cv-04604-JRS-MJD, on all future filings in this matter. (REO) |
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Filing 39
ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Magistrate Judge Tim A. Baker on 11/21/2019. (ADH)
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| Filing 38 Case transferred in from District of Michigan Eastern; Case Number 2:19-cv-11418. Original file copy of transfer order and docket sheet received. |
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Filing 37
OPINION AND ORDER TRANSFERRING CASE to the Southern District of Indiana, Indianapolis Division. Signed by District Judge Sean F. Cox. (DPer) [Transferred from Michigan Eastern on 11/20/2019.]
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| TEXT-ONLY NOTICE: Hearing on 11/14/2019 is Cancelled re #27 Joint MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a). Pursuant to LR 7.1(f)(2), the motion will be Determined Without Oral Argument. (JMcC) [Transferred from Michigan Eastern on 11/20/2019.] |
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Filing 36
STIPULATED PROTECTIVE ORDER Signed by District Judge Sean F. Cox. (JMcC) [Transferred from Michigan Eastern on 11/20/2019.]
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| Filing 35 STIPULATION FOR ENTRY OF PROTECTIVE ORDER by Mt. Hawley Insurance Company (Attachments: #1 Exhibit 1 - Stipulated Protective Order) (Brochert, Stephanie) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 34 REPLY to Response re #27 Joint MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) filed by All Defendants. (Phillips, Randall) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 33 RESPONSE to #27 Joint MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) filed by Mt. Hawley Insurance Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Affidavit of Christopher Hughs, #3 Exhibit 2 - August 23, 2019 Order in Conroad v. Castleton and McKinley, #4 Exhibit 3 - Georgetown Home & Garden, LLC v. Tractor Supply Co., #5 Exhibit 4 - Rinks v. Hocking, #6 Exhibit 5 - American Steamship Owners Mut. Protection and Indem. Assoc., Inc. v. LaFarge North America, Inc.) (Newa, Kenneth) [Transferred from Michigan Eastern on 11/20/2019.] |
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Filing 32
SCHEDULING ORDER: Discovery due by 4/10/2020; Status Conference re Facilitation set for 4/14/2020 at 02:30 PM before District Judge Sean F. Cox; Dispositive Motion Cut-off set for 11/6/2020; Final Pretrial Conference set for 5/4/2021 at 02:00 PM before District Judge Sean F. Cox; and Trailing Trial Docket set for July/August 2021. Signed by District Judge Sean F. Cox. (Refer to image for additional dates) (EKar) [Transferred from Michigan Eastern on 11/20/2019.]
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| Minute Entry for proceedings before District Judge Sean F. Cox: Scheduling Conference held on 9/3/2019. (EKar) [Transferred from Michigan Eastern on 11/20/2019.] |
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Filing 31
STIPULATION AND ORDER Extending Plaintiff's Time to Respond to Defendants' #27 Joint MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) (Response due by 9/6/2019 and Reply due by 9/20/2019) Signed by District Judge Sean F. Cox. (EKar) [Transferred from Michigan Eastern on 11/20/2019.]
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| Filing 30 NOTICE OF HEARING on #27 Joint MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a). Motion Hearing set for 11/14/2019 at 02:00 PM before District Judge Sean F. Cox. (EKar) [Transferred from Michigan Eastern on 11/20/2019.] |
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Filing 29
STIPULATION AND ORDER Extending Plaintiff's Time to Respond to Defendants' #27 Joint MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a). (Response due by 9/4/2019) Signed by District Judge Sean F. Cox. (EKar) [Transferred from Michigan Eastern on 11/20/2019.]
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| Filing 28 NOTICE of Appearance by Angela P. Krahulik on behalf of Castleton Corner Owners Association, Inc.. (Krahulik, Angela) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 27 Joint MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) by Castleton Corner Owners Association, Inc., McKinley, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Affidavit of Tina Cox (McKinley Aff.), #3 Exhibit 2 - Stipulation as to Background Facts (Background Facts), #4 Exhibit 3 - The Associations Expert Witness Disclosure, #5 Exhibit 4 - Plaintiffs Expert Witness Disclosure, #6 Exhibit 5 - Interrogatories and Requests for Production to McKinley, Inc., #7 Exhibit 6 - Interrogatories and Requests for Production to Castleton Corners Owners Association, Inc., #8 Exhibit 7 - March 2019 Federal Case Management StatisticsComparison Within Circuit) (Buchheit, Jenny) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 26 ANSWER to Counterclaim with Affirmative Defenses by Mt. Hawley Insurance Company. (Brochert, Stephanie) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 25 NOTICE of Appearance by Jenny R. Buchheit on behalf of Castleton Corner Owners Association, Inc.. (Buchheit, Jenny) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 24 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by McKinley, Inc. (Phillips, Randall) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 23 ANSWER to Counterclaim with Affirmative Defenses by Mt. Hawley Insurance Company. (Brochert, Stephanie) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 22 NOTICE TO APPEAR: Scheduling Conference set for 9/3/2019 at 03:00 PM before District Judge Sean F. Cox (Zaidel, B) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 21 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Castleton Corner Owners Association, Inc. (Murphy, Lawrence) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 20 ANSWER to Complaint with Affirmative Defenses with Jury Demand , COUNTERCLAIM filed by Castleton Corner Owners Association, Inc. against Mt. Hawley Insurance Company by Castleton Corner Owners Association, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit Ex. 1- Real Estate Management Agreement, #3 Exhibit Ex. 2- April 11, 2019 Coverage Position Letter) (Murphy, Lawrence) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 19 ANSWER to Complaint with Affirmative Defenses , COUNTERCLAIM filed by McKinley, Inc. against Mt. Hawley Insurance Company by McKinley, Inc.. (Phillips, Randall) [Transferred from Michigan Eastern on 11/20/2019.] |
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Filing 18
STIPULATION AND ORDER Extending Time for Defendant, Castleton Corner Owners Association, Inc to Respond to #1 Complaint. (Responsive Pleading due by 7/12/2019.) Signed by District Judge Sean F. Cox. (BSau) [Transferred from Michigan Eastern on 11/20/2019.]
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| Filing 17 NOTICE of Appearance by Lawrence J. Murphy on behalf of Castleton Corner Owners Association, Inc.. (Murphy, Lawrence) [Transferred from Michigan Eastern on 11/20/2019.] |
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Filing 16
ORDER Extending Time for Defendant, McKinley, Inc to Respond to #1 Complaint. (Responsive Pleading due by 7/3/2019) Signed by District Judge Sean F. Cox. (JMcC) [Transferred from Michigan Eastern on 11/20/2019.]
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| Filing 15 CERTIFICATE OF SERVICE re #2 Statement of Disclosure of Corporate Affiliations, by Mt. Hawley Insurance Company (Brochert, Stephanie) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 14 STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT by McKinley, Inc. (Phillips, Randall) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 13 ATTORNEY APPEARANCE: Randall E. Phillips appearing on behalf of McKinley, Inc. (Phillips, Randall) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 12 CERTIFICATE of Service/Summons Returned Executed. McKinley, Inc. served on 5/31/2019, answer due 6/21/2019. (Brochert, Stephanie) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 11 CERTIFICATE of Service/Summons Returned Executed. Castleton Corner Owners Association, Inc. served on 5/31/2019, answer due 6/21/2019. (Brochert, Stephanie) [Transferred from Michigan Eastern on 11/20/2019.] |
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Filing 10
Order Vacating #7 Order to Show Cause. Signed by District Judge Sean F. Cox. (JMcC) [Transferred from Michigan Eastern on 11/20/2019.]
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| Filing 9 RESPONSE to #7 Order to Show Cause by Mt. Hawley Insurance Company. (Newa, Kenneth) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 8 CERTIFICATE OF SERVICE re #4 Summons Issued, #1 Complaint,, by Mt. Hawley Insurance Company for McKinley, Inc. (Brochert, Stephanie) [Transferred from Michigan Eastern on 11/20/2019.] |
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Filing 7
ORDER for Mt. Hawley Insurance Company to Show Cause why this Action should not be Dismissed for Lack of Subect Matter Jurisdiction. Show Cause Response due by 6/3/2019. Signed by District Judge Sean F. Cox. (JMcC) [Transferred from Michigan Eastern on 11/20/2019.]
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| Filing 6 NOTICE of Appearance by Kenneth C. Newa on behalf of Mt. Hawley Insurance Company. (Newa, Kenneth) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 5 SUMMONS Issued for *Castleton Corner Owners Association, Inc.* (SOso) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 4 SUMMONS Issued for *McKinley, Inc.* (SOso) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 3 NOTICE by Mt. Hawley Insurance Company Notice, Consent, And Reference of a Civil Action to a Magistrate Judge (Brochert, Stephanie) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 2 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Mt. Hawley Insurance Company identifying Corporate Parent RLI Corporation, Other Affiliate BlackRock, Inc., Other Affiliate State Street Corporation, Other Affiliate The Vanguard Group for Mt. Hawley Insurance Company. (Brochert, Stephanie) [Transferred from Michigan Eastern on 11/20/2019.] |
| Filing 1 COMPLAINT for Declaratory Judgment filed by Mt. Hawley Insurance Company against Mt. Hawley Insurance Company with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-7238372 - Fee: $ 400. County of 1st Plaintiff: Out of State - County Where Action Arose: Washtenaw - County of 1st Defendant: Washtenaw. [Previously dismissed case: No] [Possible companion case(s): Marion County Superior Court, 49 D14-1612-PL-044978, Judge James B. Osborn] (Attachments: #1 Exhibit A, #2 Exhibit B) (Brochert, Stephanie) [Transferred from Michigan Eastern on 11/20/2019.] |
| NOTICE of Error directed to: Stephanie M. Brochert re #1 Complaint,,. Parties listed on the initiating document were omitted. The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (SOso) [Transferred from Michigan Eastern on 11/20/2019.] |
| Addition of Parties to CM/ECF: Plaintiff Mt. Hawley Insurance Company, Defendant Castleton Corner Owners Association, Inc.. Reason: The party was not added to CM/ECF when e-filing #4 Summons Issued, #1 Complaint,, #3 Notice (Other), #2 Statement of Disclosure of Corporate Affiliations, Plaintiff requests summons issued. (Brochert, Stephanie) [Transferred from Michigan Eastern on 11/20/2019.] |
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