MAINSTREAM FIBER NETWORK, LLC v. NEW HAMPSHIRE INSURANCE COMPANY
| MAINSTREAM FIBER NETWORK, LLC |
| NEW HAMPSHIRE INSURANCE COMPANY, PARKER, INC. doing business as THE PARKER GROUP and MATTHEW S. PARKER |
| MICHAEL PARKER and PARKER, INC. an Indiana Corporation doing business as THE PARKER GROUP |
| 1:2020cv01338 |
| May 7, 2020 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 58 Clerk of Marion County acknowledges receipt of remand documents on 4/28/2021 re #57 Transfer Letter to the Clerk of the Marion County Court. Copies of case documents and docket enclosed. (MAC) (Attachments: #1 Envelope). (MAC) |
| Filing 57 Transfer Letter to the Clerk of the Marion County Court. Copies of case documents and docket enclosed. (MAC) |
| Filing 56 CLOSED REMANDED to the Marion County Superior Court Cause No. 49D01-2004-PL-014244 (TEXT ONLY ENTRY). Signed by Judge Jane Magnus-Stinson on 3/1/2021. (MAC) |
| Filing 55 AMENDED COMPLAINT against NEW HAMPSHIRE INSURANCE COMPANY, PARKER, INC., MATTHEW S. PARKER, filed by MAINSTREAM FIBER NETWORK, LLC. (Attachments: #1 Exhibit A - Policy to Plaintiff's Second Amended Complaint, #2 Exhibit B - List of Claims to Plaintiff's Second Amended Complaint). (MAC) |
Filing 54
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #49 Report and Recommendations, #39 Motion for Leave to File Second Amended Complaint and Remanding this matter to the Marion County Superior Court filed by MAINSTREAM FIBER NETWORK, LLC (See Order). Signed by Judge Jane Magnus-Stinson on 2/26/2021.(MAC)
|
| Filing 53 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Patrick J. Cullinan hereby notifies the Clerk of the court of changed contact information. (Cullinan, Patrick) |
| Filing 52 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Steven B. Belgrade hereby notifies the Clerk of the court of changed contact information. (Belgrade, Steven) |
| Filing 51 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, John Andrew O'Donnell hereby notifies the Clerk of the court of changed contact information. (O'Donnell, John) |
| Filing 50 ANSWER to #38 Third Party Complaint , filed by MICHAEL PARKER, PARKER, INC..(Rocap, Richard) |
|
Filing 49
Order on Plaintiff's Motion to File Amended Complaint and Report and Recommendation to Remand to Marion Superior Court - For the foregoing reasons, the court GRANTS Mainstream's motion (Dkt. #39 ) to file its amended complaint. As noted at the outset, that decision requires the court to remand this case to the Marion Superior Court. The Magistrate Judge therefore recommends that if no objections are filed to this order or any objections are overruled, the District Judge remand this matter. Any objections to this Report and Recommendation must be filed in accordance with 28 U.S.C. 636(b)(1) and Fed. R. Civ. P. 729b). The failure to file objections within 14 days after service will constitute a waiver of subsequent review absent a showing of good cause for that failure. The parties should not anticipate any extension of this deadline or any other related briefing deadline. (See Order.) Signed by Magistrate Judge Debra McVicker Lynch on 2/10/2021.(NAD)
|
|
Filing 48
ORDER granting #47 Motion for Continuance. The Court, being duly advised, GRANTS the motion. The settlement conference scheduled for January 21, 2021 at 9:30 AM is VACATED. Signed by Magistrate Judge Debra McVicker Lynch on 1/20/2021. (AKW)
|
| Filing 47 MOTION for Continuance of Settlement Conference, filed by Third Party Defendants MICHAEL PARKER, PARKER, INC.. (Attachments: #1 Text of Proposed Order)(Rocap, Richard) |
| Filing 45 REPLY in Support of Motion re #39 MOTION for Leave to File Second Amended Complaint , filed by Plaintiff MAINSTREAM FIBER NETWORK, LLC. (Schultz, Michael) |
|
Filing 44
SCHEDULING ORDER: Final Pretrial Conference set for 12/9/2021 at 10:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Jury Trial set for 1/3/2022 at 09:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Counsel are reminded of the required pretrial preparation deadlines set forth in paragraph VIII of the case management plan, dkt. #18 . Counsel are further reminded to review the undersigned's Practices and Procedures, available at docket #6 . Signed by Judge Jane Magnus-Stinson on 12/21/2020.(MAC)
|
| Filing 43 RESPONSE in Opposition re #39 MOTION for Leave to File Second Amended Complaint and For Remand to the State Court, filed by Defendant NEW HAMPSHIRE INSURANCE COMPANY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cullinan, Patrick) |
| Filing 42 Corporate Disclosure Statement by PARKER, INC.(an Indiana Corporation). (Rocap, Richard) |
| Filing 41 WAIVER OF SERVICE Returned Executed, filed by PARKER, INC.(an Indiana Corporation), Matthew S. Parker. PARKER, INC.(an Indiana Corporation) waiver sent on 12/1/2020; Matthew S. Parker waiver sent on 12/1/2020. (Rocap, Richard) |
| Filing 40 NOTICE of Appearance by Richard A. Rocap on behalf of Third Party Defendants PARKER, INC., Matthew S. Parker. (Rocap, Richard) |
| Filing 39 MOTION for Leave to File Second Amended Complaint, filed by Plaintiff MAINSTREAM FIBER NETWORK, LLC. (Attachments: #1 Exhibit 1 - Plaintiff's Second Amended Complaint, #2 Exhibit A - Policy to Plaintiff's Second Amended Complaint, #3 Exhibit B - List of Claims to Plaintiff's Second Amended Complaint, #4 Text of Proposed Order)(Schultz, Michael) |
| Filing 38 Amended THIRD PARTY COMPLAINT against PARKER, INC., Matthew S. Parker, filed by NEW HAMPSHIRE INSURANCE COMPANY. (Attachments: #1 Exhibit Amended Complaint of Mainstream Fiber Network, LLC)(Cullinan, Patrick) |
|
Filing 37
ORDER - the Court ORDERS NHIC to file an Amended Third-Party Complaint by December 15, 2020, which addresses the issue outlined in this Order and properly alleges a basis for this Court's diversity jurisdiction. Third-Party Defendants need not answer or otherwise respond to the Third-Party Complaint at which this Order is directed. Third-Party Defendants are cautioned, however, that when they do respond to the Amended Third-Party Complaint, and to the extent that they deny any of NHIC's jurisdictional allegations or state that they do not have sufficient information to respond to those allegations, the Court will require the parties to conduct whatever investigation is necessary and file a joint jurisdictional statement confirming that all parties are in agreement with the underlying jurisdictional allegations before the litigation moves forward. (See Order). Signed by Judge Jane Magnus-Stinson on 11/24/2020.(MAC)
|
| Filing 36 THIRD PARTY COMPLAINT against Matthew Parker, Parker, Inc. d/b/a The Parker Group, filed by NEW HAMPSHIRE INSURANCE COMPANY. (Attachments: #1 Exhibit Amended Complaint of Mainstream Fiber Network, LLC)(Cullinan, Patrick) |
| Filing 35 NOTICE of Appearance by John Andrew O'Donnell on behalf of Defendant NEW HAMPSHIRE INSURANCE COMPANY. (O'Donnell, John) |
|
Filing 34
ORDER Setting Settlement Conference and Related Deadline: Settlement Conference set for 1/21/2021 09:30 AM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. On or before three business days before the conference, the parties shall submit (not file) a confidential settlement statement. See Order for additional information. Signed by Magistrate Judge Debra McVicker Lynch on 10/28/2020.(SWM)
|
|
Filing 33
ORDER granting #32 Agreed Motion for Extension of Time to Amend the Pleadings and/or to Join Additional Parties to 12/7/2020. Signed by Magistrate Judge Debra McVicker Lynch on 10/9/2020. (SWM)
|
| Filing 32 Joint MOTION for Extension of Time to December 7, 2020 to Amend the Pleadings and/or to Join Additional Parties, filed by Plaintiff MAINSTREAM FIBER NETWORK, LLC. (Attachments: #1 Text of Proposed Order)(Schultz, Michael) |
| Filing 31 STATUS REPORT Joint Status Report of the Parties by NEW HAMPSHIRE INSURANCE COMPANY. (Cullinan, Patrick) |
| Filing 30 Exhibit List Preliminary, filed by Defendant NEW HAMPSHIRE INSURANCE COMPANY. (Cullinan, Patrick) |
| Filing 29 Witness List Preliminary, filed by Defendant NEW HAMPSHIRE INSURANCE COMPANY. (Cullinan, Patrick) |
| Filing 28 ANSWER to #23 Amended Complaint , filed by NEW HAMPSHIRE INSURANCE COMPANY.(Cullinan, Patrick) |
| Filing 27 Exhibit List Preliminary, filed by Plaintiff MAINSTREAM FIBER NETWORK, LLC. (Schultz, Michael) |
| Filing 26 Witness List Preliminary, filed by Plaintiff MAINSTREAM FIBER NETWORK, LLC. (Schultz, Michael) |
|
Filing 25
UNIFORM STIPULATED PROTECTIVE ORDER #24 Approved and ORDERED. Signed by Magistrate Judge Debra McVicker Lynch on 9/82020.(SWM)
|
| Filing 24 MOTION for Protective Order , filed by Defendant NEW HAMPSHIRE INSURANCE COMPANY. (Attachments: #1 Exhibit Proposed Uniform Stipulated Protective Order)(Cullinan, Patrick) |
| Filing 23 AMENDED COMPLAINT and Jury Demand against NEW HAMPSHIRE INSURANCE COMPANY, filed by MAINSTREAM FIBER NETWORK, LLC. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - List of all claims)(SWM) |
|
Filing 22
ORDER granting Plaintiff's #20 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Debra McVicker Lynch on 9/1/2020. (SWM)
|
|
Filing 21
ORDER Regarding Discovery Disputes. See Order. Signed by Magistrate Judge Debra McVicker Lynch on 8/31/2020.(SWM)
|
| Filing 20 MOTION for Leave to File Amended Complaint, filed by Plaintiff MAINSTREAM FIBER NETWORK, LLC. (Attachments: #1 Exhibit 1 to Motion for Leave - Amended Complaint, #2 Exhibit A to Amended Complaint - Policy, #3 Exhibit B to Amended Complaint - List of all Claims, #4 Text of Proposed Order)(Schultz, Michael) |
| Filing 19 Statement Pursuant to Local Rule 81-1 by MAINSTREAM FIBER NETWORK, LLC. (Schultz, Michael) |
|
Filing 18
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 5/7/2021. Discovery due by 3/8/2021. Signed by Magistrate Judge Debra McVicker Lynch on 6/22/2020.(SWM)
|
|
Filing 17
Entry and Order from Initial Pretrial Conference - The parties, by counsel, appeared for an initial pretrial conference on June 19, 2020, with the magistrate judge. The case management plan submitted in this case is approved as modified by the magistrate judge in the margins of the case management plan. Counsel are directed to confer and, by September 22, 2020, file a joint status report on discovery completed, discovery remaining, the appropriate time frame for a settlement conference, and any other matter that should be brought to the courts attention. Signed by Magistrate Judge Debra McVicker Lynch. (JLS)
|
| Filing 16 NOTICE Second Amended Notice of Removal, filed by Defendant NEW HAMPSHIRE INSURANCE COMPANY (Attachments: #1 Exhibit Exhibit A - State Court Record, #2 Exhibit Supplemental and Amended Declaration of Bryan J.P. Gabriel) (Cullinan, Patrick) |
| Filing 15 Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff MAINSTREAM FIBER NETWORK, LLC . (Schultz, Michael) |
|
Filing 13
ORDER - The Court ORDERS Defendant to file a Second Amended Notice of Removal by June 19, 2020, which addresses the issues outlined in this Order and properly alleges a basis for this Court's diversity jurisdiction. Plaintiff is reminded of its obligation to file a statement within thirty days of Defendant's filing of the Second Amended Notice of Removal pursuant to Local Rule 81-1, which provides: Within 30 days after the filing of the notice of removal, every plaintiff who has not filed a motion to remand must file a statement responding to the notice of removal's allegations as to the citizenship of the parties and the amount in controversy. If the plaintiff lacks sufficient information upon which to form a belief about those allegations despite meeting and conferring in good faith with the removing party about them, the plaintiff may so state. The parties are advised that, to the extent the Second Amended Notice of Removal and the Local Rule 81-1 Statement reflect anything other than total agreement regarding any jurisdictional allegations, the Court will require the parties to conduct whatever investigation is necessary and file a joint jurisdictional statement confirming that all parties are in agreement with the underlying jurisdictional allegations before the litigation moves forward. (See Order). Signed by Judge Jane Magnus-Stinson on 6/1/2020.(JDH)
|
| Filing 12 NOTICE AMENDED NOTICE OF REMOVAL, filed by Defendant NEW HAMPSHIRE INSURANCE COMPANY (Attachments: #1 Exhibit Exhibit A - State Record, #2 Exhibit Exhibit B - Declaration of Bryan Gabriel) (Cullinan, Patrick) |
|
Filing 11
SCHEDULING ORDER: Initial Pretrial Conference set for 6/19/2020 09:30 AM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Read this entire order carefully; it sets out the court's expectations for the conference. Signed by Magistrate Judge Debra McVicker Lynch on 5/18/2020.(SWM) Modified on 6/9/2020 (SWM).
|
| Filing 10 ANSWER to Complaint , filed by NEW HAMPSHIRE INSURANCE COMPANY.(Cullinan, Patrick) |
| Filing 9 Submission of state court record from Marion Superior Court, cause number 49D01-2004-PL-Ol4244. (JDH) |
|
Filing 8
ORDER granting #5 Motion to Appear pro hac vice. Attorney Patrick J. Cullinan for NEW HAMPSHIRE INSURANCE COMPANY added. The court FURTHER ORDERS that Patrick J. Cullinan register as a user of the courts electronic case filing system by May 26, 2020. Failure to register could result in the revocation of his admission pro hac vice. Copy to Patrick J. Cullinan via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 5/11/2020. (SWM)
|
|
Filing 7
ORDER - The Court ORDERS Defendant to file an Amended Notice of Removal by May 28, 2020, which addresses the issues outlined in this Order and properly alleges a basis for this Court's diversity jurisdiction. Plaintiff is reminded of its obligation to file a statement within thirty days of Defendant's filing of the Amended Notice of Removal pursuant to Local Rule 81-1, which provides: Within 30 days after the filing of the notice of removal, every plaintiff who has not filed a motion to remand must file a statement responding to the notice of removal's allegations as to the citizenship of the parties and the amount in controversy. If the plaintiff lacks sufficient information upon which to form a belief about those allegations despite meeting and conferring in good faith with the removing party about them, the plaintiff may so state. The parties are advised that, to the extent the Amended Notice of Removal and the Local Rule 81-1 Statement reflect anything other than total agreement regarding any jurisdictional allegations, the Court will require the parties to conduct whatever investigation is necessary and file a joint jurisdictional statement confirming that all parties are in agreement with the underlying jurisdictional allegations before the litigation moves forward. (See Order). Signed by Judge Jane Magnus-Stinson on 5/11/2020.(JDH)
|
| Filing 6 PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (JDH) |
| Filing 5 MOTION for Attorney(s) Patrick J. Cullinan to Appear pro hac vice (Filing fee $100, receipt number 0756-5985999), filed by Defendant NEW HAMPSHIRE INSURANCE COMPANY. (Attachments: #1 Proposed Order)(Belgrade, Steven) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 3 NOTICE of Filing by NEW HAMPSHIRE INSURANCE COMPANY (Belgrade, Steven) |
| Filing 2 NOTICE of Appearance by Steven B. Belgrade on behalf of Defendant NEW HAMPSHIRE INSURANCE COMPANY. (Belgrade, Steven) |
| Filing 1 NOTICE OF REMOVAL from The Marion County Superior Court, case number 49D01-2004-PL-014244, filed by NEW HAMPSHIRE INSURANCE COMPANY. (Filing fee $400, receipt number 0756-5984642) (Attachments: #1 Exhibit Attachment 1 State Court Record (Summons, Plaintiff's First Request for Production, Appearance, Complaint), #2 Exhibit Attachment 2 Complaint, #3 Exhibit Attachment 3 Civil Cover Sheet)(Belgrade, Steven) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
