RAP INDY, LLC et al v. ZURICH AMERICAN INSURANCE COMPANY et al
| MSI LYNHURST INDIANAPOLIS GROCERY, LLC and RAP INDY, LLC |
| ZURICH AMERICAN INSURANCE COMPANY and THE TRAVELERS INDEMNITY COMPANY |
| 1:2019cv04657 |
| November 22, 2019 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James R Sweeney |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 4, 2021. A more recent docket listing may be available from PACER.
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Filing 32
Exhibit List Preliminary, filed by Plaintiffs MSI LYNHURST INDIANAPOLIS GROCERY, LLC, RAP INDY, LLC, Witness List Preliminary, filed by Plaintiffs MSI LYNHURST INDIANAPOLIS GROCERY, LLC, RAP INDY, LLC. (Bond, Tonya)
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Filing 31
ORDER granting Plaintiffs' #30 Motion for Extension of Time to serve settlement demand. Section III(E) of the approved Case Management Plan [Dkt. 28] is hereby amended as follows: Plaintiff (s) shall serve Defendant(s) (but not file with the Court) a statement of special damages, if any, and make a settlement proposal, on or before February 18, 2020. Defendant(s) shall serve on the Plaintiff(s) (but not file with the Court) a response thereto within 21 days after receipt of the demand. The parties shall forward copies of their settlement demands and responses when made to Magistrate Judge Dinsmore at MJDinsmore@insd.uscourts.gov. All other requirements of the approved Case Management Plan [Dkt. 28] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 1/16/2020. (SWM)
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Filing 30
Unopposed MOTION for Extension of Time to February 17, 2020 to Serve Settlement Demand, filed by Plaintiffs MSI LYNHURST INDIANAPOLIS GROCERY, LLC, RAP INDY, LLC. (Attachments: #1 Text of Proposed Order)(Bond, Tonya)
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Filing 29
NOTICE of Service of Initial Disclosures , filed by Defendant THE TRAVELERS INDEMNITY COMPANY. (Ruesch, Meghan)
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Filing 28
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 9/11/2020. Discovery due by 8/14/2020. Signed by Magistrate Judge Mark J. Dinsmore on 1/3/2020.(SWM)
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Filing 27
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 1/2/2020. Approved Case Management Plan, as amended, to be entered by separate order. Telephonic Status Conference set for 3/3/2020 at 11:00 AM (Eastern Time). Settlement Conference set for 6/24/2020 at 9:00 AM (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 26
ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 1/3/2020.(SWM)
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Filing 25
ORDER granting #16 Motion to Appear pro hac vice. Attorney James M. Hoey for ZURICH AMERICAN INSURANCE COMPANY added. If not already registered with the Courts Electronic Filing System, James M. Hoey is ordered to register within ten (10) days of the entry of this order. Copy to James M Hoey via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/2/2020. (SWM)
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Filing 24
ORDER granting #15 Motion to Appear pro hac vice. Attorney Terry L. Welch for ZURICH AMERICAN INSURANCE COMPANY added. If not already registered with the Courts Electronic Filing System, Terry L. Welch is ordered to register within ten (10) days of the entry of this order. Copy to Terry L. Welch via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/2/2020. (SWM)
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Filing 23
PROPOSED CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs MSI LYNHURST INDIANAPOLIS GROCERY, LLC, RAP INDY, LLC . (Bond, Tonya)
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Filing 22
Submission of Signature Requirement re #16 MOTION for Attorney(s) James M. Hoey to Appear pro hac vice (Filing fee $100, receipt number IP067525) by ZURICH AMERICAN INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Cantrell, Dennis)
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Filing 21
Submission of Signature Requirement re #15 MOTION for Attorney(s) Terry L. Welch to Appear pro hac vice (Filing fee $100, receipt number IP067526) by ZURICH AMERICAN INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Cantrell, Dennis)
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Filing 19
Defendant The Travelers Indemnity Company ANSWER to Complaint (Notice of Removal) and Affirmative Defenses, filed by THE TRAVELERS INDEMNITY COMPANY.(Ruesch, Meghan)
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Filing 18
ANSWER to Complaint and Affirmative Defenses, filed by ZURICH AMERICAN INSURANCE COMPANY.(Cantrell, Dennis)
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Filing 17
Submission Amended Notice of Removal, filed by Defendant ZURICH AMERICAN INSURANCE COMPANY. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Pleadings, #3 Exhibit C - Notice to State Court)(Cantrell, Dennis)
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Filing 16
MOTION for Attorney(s) James M. Hoey to Appear pro hac vice (Filing fee $100, receipt number IP067525). (Attachments: #1 cover letter, #2 cert of good standing, #3 Text of Proposed Order, #4 Envelope)(JDC)
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Filing 15
MOTION for Attorney(s) Terry L. Welch to Appear pro hac vice (Filing fee $100, receipt number IP067526). (Attachments: #1 cover letter, #2 cert of good standing, #3 Text of Proposed Order, #4 Envelope)(JDC)
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Filing 14
SCHEDULING ORDER: Initial Pretrial Conference set for 1/2/2020 03:30 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 30, 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 13
NOTICE of Appearance by Brett E. Nelson on behalf of Plaintiffs MSI LYNHURST INDIANAPOLIS GROCERY, LLC, RAP INDY, LLC. (Nelson, Brett)
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Filing 12
Submission of State Court Record from Marion County in case number 49D01-1910-PL-044570. (Attachments: #1 Envelope).(AKH)
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Filing 11
NOTICE of Parties' First Extension of Time, filed by Defendant ZURICH AMERICAN INSURANCE COMPANY. (Cantrell, Dennis)
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Filing 10
Order - On November 22, 2019, Zurich American Insurance Company filed a Notice of Removal, removing this action from the Marion County Superior Commercial Court and invoking this Court's diversity jurisdiction under 28 U.S.C. 1332. The jurisdictional allegations, however, are insufficient. As the Notice indicates, a limited liability company is a citizen of the states of which each of its members is a citizen. The Plaintiffs in this action are Rap Indy, LLC, and MSI Lynhurst Indianapolis Grocery, LLC. Although it is alleged that RAP Indy is a citizen of California, it is alleged only that its sole member, Ramin Pourteymour, is a resident of California. (Notice of Removal 9, ECF No. 1.) And although it is alleged that MSI Lynhurst is a citizen of California, it is alleged only that its principals, Ramin Pourteymour and Corey Ferguson, are residents of California. (Notice of Removal 10, ECF No. 1.) Because it is the members' citizen-ship, not residence, that matters, the Notice of Removal's jurisdictional allegations are insufficient. Zurich American Insurance Company is allowed fifteen days within which to file an Amended Notice of Removal, which addresses the issues outlined in this Order and properly alleges a basis for this Court's diversity jurisdiction. Signed by Judge James R. Sweeney II on 11/26/2019. (JDC)
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Filing 9
PROCEDURES AND PRACTICES before Judge James R. Sweeney II. (JDC)
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Filing 8
Corporate Disclosure Statement by MSI LYNHURST INDIANAPOLIS GROCERY, LLC, RAP INDY, LLC. (Bond, Tonya)
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Filing 7
NOTICE of Appearance by Tonya J. Bond on behalf of Plaintiffs MSI LYNHURST INDIANAPOLIS GROCERY, LLC, RAP INDY, LLC. (Bond, Tonya)
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Filing 6
CONSENT to Notice of Removal by THE TRAVELERS INDEMNITY COMPANY. (Ruesch, Meghan)
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Filing 5
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH)
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Filing 4
NOTICE of Filing Notice of Removal to Plaintiffs by ZURICH AMERICAN INSURANCE COMPANY (Attachments: #1 Exhibit A - Notice to Plaintiffs of Notice of Removal) (Cantrell, Dennis)
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Filing 3
Corporate Disclosure Statement by ZURICH AMERICAN INSURANCE COMPANY. (Cantrell, Dennis)
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Filing 2
NOTICE of Appearance by Dennis F. Cantrell on behalf of Defendant ZURICH AMERICAN INSURANCE COMPANY. (Cantrell, Dennis)
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Filing 1
NOTICE OF REMOVAL from Marion Superior Court 1, case number 49D01-1910-PL-044570, filed by ZURICH AMERICAN INSURANCE COMPANY. (Filing fee $400, receipt number 0756-5737479) (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Affidavit of Terry Welch, #3 Exhibit C - State Court Pleadings, #4 Exhibit D - State Court Notice of Filing Removal, #5 Civil Cover Sheet)(Cantrell, Dennis)
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