Starstone Specialty Insurance Company v. DeWaay Financial Network, LLC et al
| Starstone Specialty Insurance Company, Starstone Speciality Insurance Company and Torus Specialty Insurance Company |
| DeWaay Financial Network, LLC, Arlen G. Dykhuis, DeWaay Capital Management, Inc. doing business as DeWaay Capital Management DFN Partners, Matthew G. Stahr, Norman Sue, Jr. and Donald G. DeWaay, Jr |
| 4:2016cv00473 |
| August 23, 2016 |
| US District Court for the Southern District of Iowa |
| Central Office |
| Polk |
| Helen C Adams |
| Stephanie M Rose |
| Insurance |
| 28 U.S.C. § 2201 |
| Defendant |
Docket Report
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This docket was last retrieved on August 31, 2017. A more recent docket listing may be available from PACER.
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| ***Civil Case Terminated. (kjw) |
Filing 47
ORDER re #46 Stipulation filed by Starstone Speciality Insurance Company: Order granting dismissal with prejudice. See order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 8/29/2017. (kln)
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| Filing 46 STIPULATION re #45 Order for Closing Documents, Terminate Deadlines and Hearings by Starstone Speciality Insurance Company. (Attachments: #1 Text of Proposed Order)(Walton, Jonathan) |
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Filing 45
ORDER CANCELING TRIAL AND FINAL PRETRIAL, PRETRIAL DEADLINES AND for Closing Documents. Dismissal Papers due by 8/25/2017. See order for particulars. Signed by Magistrate Judge Ross A Walters(R) on 7/10/2017. (kln)
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| Filing 44 TEXT Minute Entry for proceedings held before Magistrate Judge Ross A Walters(R): Telephone Status Conference held on 6/22/2017. Attorneys Barbara Hering and Jonathan Walton appeared for plaintiff. Attorney Matthew Boos appeared for defendants. Status of case discussed. Total Court Time: 11 minutes. (kln) |
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Filing 43
TEXT ORDER: ORDER SETTING ADDITIONAL STATUS CONFERENCE. As discussed with counsel on 6/1/2017, additional telephone status conference is set for 6/22/2017 at 11:00 AM by means of the Court's conference line. Counsel should call (515) 284-6267 and enter access code 116267 at the prompt to be connected to the call. Entered by Magistrate Judge Ross A. Walters (R) on 6/1/2017.(kln)
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| Filing 42 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Ross A. Walters: Telephonic Status Conference held on 6/1/2017. Attorney Jonathan Walton appeared for plaintiff. Attorney Matthew Boos appeared for defendant. Status of case discussed. Separate order to follow. Total Court Time: 12 minutes. (kln) |
| Filing 41 TEXT ORDER: As the parties are scheduled for a status conference with Judge Walters on 6/1/2017, the status conference set for 6/6/2017 is canceled. Signed by Chief Magistrate Judge Helen C. Adams on 5/30/2017. (kln) |
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Filing 40
TEXT ORDER: ORDER RE-SETTING TELEPHONE STATUS CONFERENCE: Status Conference is re-set for 6/1/2017 at 11:30 AM in Phone Hearing before Magistrate Judge Ross A Walters(R). Counsel should call the Court's conference line at (515) 284-6267 and enter code 116267 at the prompt to be connected to the call. Counsel are instructed that the teleconference system will only accommodate six participants including the Court and, therefore, should make appropriate arrangements to not exceed the number of available lines. Signed by Magistrate Judge Ross A Walters(R) on 5/30/2017. (kln)
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Filing 39
TEXT ORDER: ORDER SETTING TELEPHONE STATUS CONFERENCE: Status Conference set for 5/31/2017 at 11:00 AM in Phone Hearing before Magistrate Judge Ross A Walters(R). Counsel should call the Court's conference line at (515) 284-6267 and enter code 116267 at the prompt to be connected to the call. Counsel are instructed that the teleconference system will only accommodate six participants including the Court and, therefore, should make appropriate arrangements to not exceed the number of available lines. Signed by Magistrate Judge Ross A Walters(R) on 5/12/2017. (kln)
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| Filing 38 TEXT ORDER granting #37 Motion for Leave to Appear Pro Hac Vice Matthew Boos. Signed by Clerk of Court John Courter on 4/11/2017. (tae, ) |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3177999 Fee paid in the amount of $75. by Donald G. DeWaay, Jr, DeWaay Capital Management, Inc., DeWaay Financial Network, LLC. (Bubb, Philip) |
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Filing 36
TEXT ORDER continuing the 4/11/2017 settlement conference until further notice. The parties indicated that 4/11/2017 did not work for their representatives. The parties shall confer and inform the Court of dates that will work for a settlement conference. Signed by Magistrate Judge Ross A Walters(R) on 4/6/2017. (pjc)
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| Filing 35 TEXT ORDER:ORDER CANCELING 4/10/2017 STATUS CONFERENCE. As a settlement conference is set for 4/11/2017, the 4/10/2017 status conference is not needed. Signed by Chief Magistrate Judge Helen C. Adams on 3/31/2017. (kln) |
| Filing 34 TEXT Minute Entry for proceedings held before Magistrate Judge Ross A Walters(R): TelephoneStatus Conference held on 3/24/2017. Attorneys Barbara Hering, Gary Gassman and Jonathan Walton appeared for plaintiff. Attorneys Philip Bubb, Matt Boos and Kendra Simmons appeared for defendants. Settlement conference discussed. Separate order to follow. Total Court Time: 13 minutes. (kln) (kln, ) |
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Filing 33
ORDER SCHEDULING SETTLEMENT CONFERENCE AND FOR CONFIDENTIAL STATEMENTS: Settlement Conference is set for 4/11/2017 at 10:00 AM in Des Moines - Room 420 - 4th Floor before Magistrate Judge Ross A Walters(R). See order for requirements. Signed by Magistrate Judge Ross A Walters(R) on 3/24/2017. (pjc)
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Filing 32
TEXT ORDER: ORDER SETTING STATUS CONFERENCE. The undersigned has been asked to conduct a settlement conference in this matter on 4/11/2017. Status Conference to briefly discuss logistics is set for 3/24/2017 at 11:00 AM in Phone Hearing before Magistrate Judge Ross A Walters(R). Counsel should call the Court's conference line at (515) 284-6267 and enter code 116267 at the prompt to be connected to the call. Counsel are instructed that the teleconference system will only accommodate six participants including the Court and, therefore, should make appropriate arrangements to not exceed the number of available lines. Signed by Magistrate Judge Ross A Walters(R) on 3/17/2017. (kln)
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| Set/Reset Hearings: Status Conference set for 4/10/2017 10:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. Status Conference set for 6/6/2017 10:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. Status Conference set for 8/9/2017 10:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. Status Conference set for 10/18/2017 10:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. (kln) |
| Set/Reset Hearings: Status Conference set for 3/24/2017 11:00 AM in Phone Hearing before Magistrate Judge Ross A Walters(R). Status Conference set for 4/10/2017 10:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. Status Conference set for 6/6/2017 10:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. Status Conference set for 8/9/2017 10:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. Status Conference set for 10/18/2017 10:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. (kln) |
| Filing 31 TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Status Conference held on 3/14/2017. Attorneys Michelle Rodemeyer and Jonathan Walton appeared for plaintiff. Attorney Philip Bubb appeared for the DeWaay defendants. Status of case discussed. Next status conference is 4/10/2017 at 10:00 AM. Total Court Time: 12 minutes. (pjc) |
| Filing 30 TEXT ORDER SETTING ADDITIONAL STATUS CONFERENCE: Status Conference is set for 3/14/2017 at 10:30 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. Signed by Chief Magistrate Judge Helen C. Adams on 2/6/2017. (pjc) |
| Filing 29 TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Status Conference held on 2/6/2017. Attorneys Barbara Hering, Jonathan Walton, and Gary Gassman appeared for plaintiff. Attorneys Philip Bubb and Kendra Simmons appeared for the DeWaay defendants. Defendants Dykhuis, Stahr and Sue did not appear. Status of case discussed. Separate order to follow. Total Court Time: 20 minutes. (pjc) |
| Set/Reset Hearings: Status Conference set for 4/10/2017 10:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. Status Conference set for 6/6/2017 10:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. Status Conference set for 8/9/2017 10:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. Status Conference set for 10/18/2017 10:00 AM in Phone Hearing before Chief Magistrate Judge Helen C. Adams. (kln) |
| Filing 28 STIPULATION TO BE BOUND AND VOLUNTARY DISMISSAL by Starstone Speciality Insurance Company. (Walton, Jonathan) |
| Filing 27 TEXT ORDER: ORDER granting #26 Motion to Extend Scheduling Order/R16 Deadlines. Plaintiff's expert designation deadline is 3/15/2017, defendant's expert designation deadline is 5/17/2017, plaintiff's rebuttal expert designation deadline is 6/12/2017, and the discovery deadline is 7/10/2017. All discovery, fact or expert, needed to support or respond to a dispositive motion must be completed in time to meet the dispositive motion deadline of 7/17/2017. All other deadlines remain the same. Signed by Chief Magistrate Judge Helen C. Adams on 1/17/2017. (pjc) |
| Filing 26 Joint MOTION for Extension of Time For Scheduling Order/R16 Deadlines (Unresisted) of plaintiffs expert, defendants experts, plaintiff rebuttal experts, discovery by Starstone Speciality Insurance Company. If service was made under FRCP 5(b)(2)(C) (mail), (D) (leaving with the clerk of court), or (F) (by delivering by other means consented to in writing), an additional three days is added after the period would otherwise expire under FRCP 6(a). The additional three days does not apply to service done electronically. (Walton, Jonathan) |
| Magistrate Judge Helen C. Adams added as Presider. Magistrate Judge Helen C. Adams as referral Judge and Judge Stephanie M. Rose no longer assigned to case. (kmc, ) |
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Filing 25
TEXT ORDER: ORDER re #20 consent to trial by magistrate judge. It is ORDERED that this case is referred to a United States Magistrate Judge pursuant to the consent of the parties to conduct all further proceedings and order the entry of judgment in accordance with 28 U.S.C. section 636(c) and Fed. R. Civ. P. 73. Signed by Judge Stephanie M. Rose on 10/20/2016. (nsr)
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Filing 24
ORDER SCHEDULING STATUS CONFERENCES: Telephone Status Conference set for 2/6/2017 at 10:00 AM; 4/10/2017 at 10:00 AM; 6/6/2017 at 10:00 AM; 8/9/2017 at 10:00 AM; 10/18/2017 at 10:00 AM in Phone Hearing before Magistrate Judge Helen C. Adams. See order for particulars. Signed by Magistrate Judge Helen C. Adams on 10/19/2016. (kln)
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Filing 23
ORDER REGARDING FINAL PRETRIAL CONFERENCE REQUIREMENTS: See order for particulars. Signed by Magistrate Judge Helen C. Adams on 10/19/2016. (pjc)
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Filing 22
ORDER adopting #20 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN: Initial Disclosures are due by 11/16/2016. Motions to Add Parties are due by 12/19/2016. Motions to Amend Pleadings are due by 12/19/2016. Plaintiffs Expert Witness Disclosures are due by 1/17/2017. Defendants Expert Witness Disclosures are due by 3/17/2017. Plaintiffs Rebuttal Witness Disclosures are due by 4/17/2017. Discovery Deadline is 6/19/2017. Dispositive Motion Deadline is 7/17/2017. Final Pretrial Conference is set for 11/21/2017 at 09:00 AM in Des Moines Courthouse before Magistrate Judge Helen C. Adams. Jury Trial is set to begin on 12/5/2017 at 9:00 AM in Des Moines Courthouse before Magistrate Judge Helen C. Adams and last three days. Signed by Magistrate Judge Helen C. Adams on 10/19/2016. (pjc)
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| Filing 21 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Helen C. Adams: Scheduling Conference held on 10/19/2016. Attorneys Barbara Hering and Jonathan Walton appeared for plaintiff. Attorney Philip Bubb appeared for the DeWaay defendants. Attorney Gavin Quill appeared for defendants Dykhuis, Stahr and Sue. Status of case discussed. Separate orders to follow. Total Court Time: 18 minutes. (pjc) |
| Filing 20 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN AND CONSENT TO PROCEED BEFORE A MAGISTRATE . (Walton, Jonathan) |
| Filing 19 NOTICE of Appearance by Jesse Linebaugh on behalf of Arlen G. Dykhuis, Matthew G. Stahr, Norman Sue, Jr. (Linebaugh, Jesse) |
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Filing 18
TEXT ORDER SETTING SCHEDULING CONFERENCE. An In-Person Scheduling Conference shall be held on 10/19/2016 at 9:00 AM before Magistrate Judge Helen C. Adams at the U.S. Courthouse in Des Moines, Iowa, Room 420. The parties shall file a proposed scheduling order and discovery plan as provided under L.R. 16 by 10/17/2016. Signed by Magistrate Judge Helen C. Adams on 10/3/2016. (kln) .
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| Filing 17 ANSWER to Complaint and Affirmative Defenses (Jury Trial Demanded) by Arlen G. Dykhuis, Matthew G. Stahr, Norman Sue, Jr..(Quill, Gavin) |
| Filing 16 ANSWER to Complaint by Donald G. DeWaay, Jr, DeWaay Capital Management, Inc., DeWaay Financial Network, LLC.(Bubb, Philip) |
| Filing 15 SUMMONS Returned Executed by Starstone Speciality Insurance Company. Norman Sue, Jr. served on 9/8/2016, answer due 9/29/2016. (Hering, Barbara) |
| Filing 14 SUMMONS Returned Executed by Starstone Speciality Insurance Company. Matthew G. Stahr served on 9/13/2016, answer due 10/4/2016. (Hering, Barbara) |
| Filing 13 SUMMONS Returned Executed by Starstone Speciality Insurance Company. Arlen G. Dykhuis served on 9/14/2016, answer due 10/5/2016. (Hering, Barbara) |
| Filing 12 SUMMONS Returned Executed by Starstone Speciality Insurance Company. Donald G. DeWaay, Jr served on 9/7/2016, answer due 9/28/2016. (Hering, Barbara) |
| Filing 11 ***See ECF #10 for Correct Filing*** SUMMONS Returned Executed by Starstone Speciality Insurance Company. (Hering, Barbara) Modified on 9/21/2016 (kmc, ). |
| Filing 10 SUMMONS Returned Executed by Starstone Speciality Insurance Company. DeWaay Capital Management, Inc. served on 9/7/2016, answer due 9/28/2016. (Hering, Barbara) |
| Filing 9 SUMMONS Returned Executed by Starstone Speciality Insurance Company. DeWaay Financial Network, LLC served on 9/7/2016, answer due 9/28/2016. (Hering, Barbara) |
| Filing 8 NOTICE of Appearance by Jonathan R. Walton on behalf of Starstone Speciality Insurance Company (Walton, Jonathan) |
| Filing 7 NOTICE by Starstone Speciality Insurance Company re #6 Notice of Appearance Correction of Docket No. 6 (Gassman, Gary) |
| Filing 6 NOTICE of Appearance by Gary L. Gassman on behalf of Starstone Speciality Insurance Company (Gassman, Gary) |
| Filing 5 TEXT ORDER granting #2 Motion for Leave to Appear Pro Hac Vice Jonathan R. Walton; and granting #3 Motion for Leave to Appear Pro Hac Vice Gary L. Gassman. Signed by Clerk of Court John S. Courter on 9/15/2016. (ml) |
| Filing 4 Corporate Disclosure/Statement of Interest by Starstone Speciality Insurance Company. (Hering, Barbara) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3013231 Fee paid in the amount of $75. by Starstone Speciality Insurance Company. (Hering, Barbara) ***Sealed Due to Personal Identifiers on Attached CMECF Registration Form*** Modified on 9/16/2016 (kmc, ). |
| Filing 2 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3013222 Fee paid in the amount of $75. by Starstone Speciality Insurance Company. (Hering, Barbara)***Sealed Due to Personal Identifiers on Attached CMECF Registration Form*** Modified on 9/16/2016 (kmc, ). |
| Set/Reset Deadlines: Corporate Disclosure Statement deadline set for plaintiff 9/13/2016. (kmc, ) |
| Filing 1 COMPLAINT for Declaratory Judgment against DeWaay, DeWaay Capital Management, Inc. d/b/a DeWaay Captial Management DFN Partners, LLC, Donald G. DeWaay, Jr., Arlen G. Dykhuis, Matthew G. Stahr, Norman Sue, Jr. Filing fee paid in the amount of $ 400, receipt number 0863-2998243., filed by Starstone. Notice of Dismissal for lack of Service deadline set for 11/21/2016. Rule 16 Notice of Dismissal set for 12/22/2016. (Attachments: #1 Exhibit Exhibit A)(Hering, Barbara) |
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