Aspen Specialty Insurance Company v. Omni Industries, LLC et al
Plaintiff: Aspen Specialty Insurance Company
Defendant: O'Reilly Automotive, Inc., Omni Industries, LLC, O'Reilly Automotive Stores, Inc. d/b/a O'Reilly Auto Parts, Omni Specialty Packaging, LLC, Ozark Purchasing, LLC, Ozark Automotive Distributors, Inc, O'Reilly Automotive Inc and O'Reilly Automotive Stores, Inc.
Case Number: 4:2019cv00210
Filed: July 15, 2019
Court: US District Court for the Southern District of Iowa
Presiding Judge: Rebecca Goodgame Ebinger
Referring Judge: John A Jarvey
2 Judge: Ross A Walters(R)
Nature of Suit: Insurance
Cause of Action: 28:2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2019 Filing 40 RESPONSE to Motion re #28 MOTION to Dismiss for Improper Venue or Transfer Venue to Cure Want of Jurisdiction or, in the Alternative, to Decline Jurisdiction under 28 USC 2201 filed by Aspen Specialty Insurance Company. Replies due by 9/16/2019.(Waterman, Robert)
September 3, 2019 Filing 39 REPLY Memorandum in Support of Consolidated Motions re #19 MOTION to Dismiss for Lack of Jurisdiction to Dismiss Under Rule 12(B)(3) for Improper Venue filed by Omni Industries, LLC, Omni Specialty Packaging, LLC.(Thrall, Michael)
September 3, 2019 Filing 38 REPLY Aspen's Reply Brief In Support of its Motion to Enjoin Omni From Proceeding With the Later-Filed Action in Louisiana Federal Court re #18 MOTION Plaintiff's Motion to Enjoin Omni Specialty Packaging, LLC and Omni Industries, LLC from Proceeding with the Later-Filed Action in Louisiana Federal Court filed by Aspen Specialty Insurance Company.(Waterman, Robert)
September 3, 2019 Filing 37 BRIEF - Resistance by Aspen Specialty Insurance Company re #19 MOTION to Dismiss for Lack of Jurisdiction to Dismiss Under Rule 12(B)(3) for Improper Venue. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (vr)
August 29, 2019 Opinion or Order Filing 36 TEXT ORDER granting #30 Motion to file overlength brief by Aspen Specialty Insurance Company. The Clerk of Court shall detach and file the brief and exhibits. Signed by Magistrate Judge Ross A Walters(R) on 8/29/2019. (k)
August 28, 2019 Opinion or Order Filing 35 TEXT ORDER Setting Hearing Re: #28 Motion to Dismiss, #19 Motion to Dismiss, and #18 Motion to Enjoin. Motion hearing is set for 10/9/2019 at 02:00 PM in Des Moines - Room 160- 1st Floor North before Judge Rebecca Goodgame Ebinger. Signed by Judge Rebecca Goodgame Ebinger on 8/28/2019. (hfh)
August 27, 2019 Filing 34 Corporate Disclosure/Statement of Interest by Ozark Purchasing, LLC. (Dickinson, Joshua)
August 27, 2019 Filing 33 Corporate Disclosure/Statement of Interest by Ozark Automotive Distributors, Inc. (Dickinson, Joshua)
August 27, 2019 Filing 32 Corporate Disclosure/Statement of Interest by O'Reilly Automotive Stores, Inc.. (Dickinson, Joshua)
August 27, 2019 Filing 31 Corporate Disclosure/Statement of Interest by O'Reilly Automotive Inc. (Dickinson, Joshua)
August 27, 2019 Filing 30 MOTION to file overlength brief by Aspen Specialty Insurance Company.Motions referred to Ross A Walters(R). Responses due by 9/10/2019. (Attachments: #1 Brief in Support Aspen's Resistance to Omni's Motions to Dismiss Under Rule 12(B)(2) for Lack of Personal Jurisdiction, to Dismiss Under Rule 12(B)(3) for Improper Venue, or, in the Alternative, to Transfer Under 28 U.S.C. 1404, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2)(Waterman, Robert)
August 27, 2019 Filing 29 RESPONSE to Motion re #18 MOTION Plaintiff's Motion to Enjoin Omni Specialty Packaging, LLC and Omni Industries, LLC from Proceeding with the Later-Filed Action in Louisiana Federal Court filed by Omni Industries, LLC, Omni Specialty Packaging, LLC. Replies due by 9/3/2019. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Thrall, Michael)
August 26, 2019 Filing 28 MOTION to Dismiss for Improper Venue or Transfer Venue to Cure Want of Jurisdiction or, in the Alternative, to Decline Jurisdiction under 28 USC 2201 by O'Reilly Automotive Inc, O'Reilly Automotive Stores, Inc., Ozark Automotive Distributors, Inc, Ozark Purchasing, LLC. Responses due by 9/9/2019. (Attachments: #1 Brief in Support, #2 Exhibit Ex 1 to Brief in Support)(Dickinson, Joshua)
August 23, 2019 Filing 27 Corporate Disclosure/Statement of Interest by Omni Industries, LLC, Omni Specialty Packaging, LLC. (Thrall, Michael)
August 15, 2019 Filing 26 BRIEF in Support of Consolidated Motions by Omni Industries, LLC, Omni Specialty Packaging, LLC re #19 MOTION to Dismiss for Lack of Jurisdiction to Dismiss Under Rule 12(B)(3) for Improper Venue. (vr)
August 14, 2019 Opinion or Order Filing 25 TEXT ORDER granting #20 Defendants' Unresistsed Motion to file overlength brief. The Clerk shall detach and file the brief. Signed by Magistrate Judge Ross A Walters(R) on 8/14/2019. (k)
August 14, 2019 Opinion or Order Filing 24 TEXT ORDER granting #17 Unresisted Motion by O'Reilly Automotive Inc, O'Reilly Automotive Stores, Inc., Ozark Automotive Distributors, Inc, Ozark Purchasing, LLC for Extension of Time to Respond to Complaint. Defendants may have to and including August 26, 2019 to file responsive pleadings, including an answer, to plaintiffs Complaint. Signed by Magistrate Judge Ross A Walters(R) on 8/14/2019. (k)
August 14, 2019 Opinion or Order Filing 23 TEXT ORDER granting #21 Motion for Leave to Appear Pro Hac Vice Kevin Haas; granting #22 Motion for Leave to Appear Pro Hac Vice Marianne May. Signed by Magistrate Judge Ross A Walters(R) on 8/14/2019. (slg)
August 14, 2019 Filing 22 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3895260 Fee paid in the amount of $100. by Aspen Specialty Insurance Company. (Attachments: #1 CM/ECF Registration Form)(Waterman, Robert)
August 14, 2019 Filing 21 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3895249 Fee paid in the amount of $100. by Aspen Specialty Insurance Company. (Attachments: #1 CM/ECF Registration Form)(Waterman, Robert)
August 14, 2019 Filing 20 Unresisted MOTION to file overlength brief by Omni Industries, LLC, Omni Specialty Packaging, LLC.Motions referred to Ross A Walters(R). Responses due by 8/28/2019. (Attachments: #1 Memorandum in Support)(Thrall, Michael)
August 14, 2019 Filing 19 MOTION to Dismiss for Lack of Jurisdiction to Dismiss Under Rule 12(B)(3) for Improper Venue by Omni Industries, LLC, Omni Specialty Packaging, LLC. Responses due by 8/28/2019. (Attachments: #1 Declaration of David Barber)(Thrall, Michael)
August 13, 2019 Filing 18 MOTION Plaintiff's Motion to Enjoin Omni Specialty Packaging, LLC and Omni Industries, LLC from Proceeding with the Later-Filed Action in Louisiana Federal Court by Aspen Specialty Insurance Company.Motions referred to Ross A Walters(R). Responses due by 8/27/2019. (Attachments: #1 Memorandum in Support Memorandum in Support of Plaintiff's Motion to Enjoin Omni From Proceeding with the Later-Filed Action in Louisiana Federal Court, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3)(Waterman, Robert)
August 13, 2019 Filing 17 Unresisted MOTION for Extension of Time to File Answer re #1 Complaint, by O'Reilly Automotive Inc, O'Reilly Automotive Stores, Inc., Ozark Automotive Distributors, Inc, Ozark Purchasing, LLC.Motions referred to Ross A Walters(R). (Dickinson, Joshua)
August 12, 2019 Opinion or Order Filing 16 TEXT ORDER granting #14 Motion for Leave to Appear Pro Hac Vice John P. Murrill. Signed by Magistrate Judge Ross A Walters(R) on 8/12/2019. (slg)
August 9, 2019 Opinion or Order Filing 15 TEXT ORDER granting #12 Motion for Leave to Appear Pro Hac Vice Harry J. Philips, Jr.; granting #13 Motion for Leave to Appear Pro Hac Vice J. Michael Parker. Signed by Magistrate Judge Ross A Walters(R) on 8/9/2019. (kjw)
August 8, 2019 Filing 14 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3889751 Fee paid in the amount of $100. by Omni Industries, LLC, Omni Specialty Packaging, LLC. (Attachments: #1 CM/ECF Registration Form)(Thrall, Michael)
August 8, 2019 Filing 13 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3889747 Fee paid in the amount of $100. by Omni Industries, LLC, Omni Specialty Packaging, LLC. (Attachments: #1 CM/ECF Registration Form)(Thrall, Michael)
August 8, 2019 Filing 12 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3889733 Fee paid in the amount of $100. by Omni Industries, LLC, Omni Specialty Packaging, LLC. (Attachments: #1 CM/ECF Registration Form)(Thrall, Michael)
August 8, 2019 Filing 11 NOTICE of Appearance by Michael W Thrall on behalf of Omni Industries, LLC, Omni Specialty Packaging, LLC (Thrall, Michael)
August 5, 2019 Filing 10 SUMMONS Returned Executed by Aspen Specialty Insurance Company. Ozark Automotive Distributors, Inc served on 7/26/2019, answer due 8/16/2019. (Waterman, Robert)
July 30, 2019 Filing 9 Errata Defendant Ozark Automotive Distributors, Inc. unintentionally omitted from case caption in prior filing re #1 Complaint, filed by Aspen Specialty Insurance Company. (Waterman, Robert)
July 29, 2019 Filing 8 SUMMONS Returned Executed by Aspen Specialty Insurance Company. Ozark Purchasing, LLC served on 7/26/2019, answer due 8/16/2019. (Waterman, Robert)
July 29, 2019 Filing 7 SUMMONS Returned Executed by Aspen Specialty Insurance Company. O'Reilly Automotive Inc served on 7/26/2019, answer due 8/16/2019. (Waterman, Robert)
July 29, 2019 Filing 6 SUMMONS Returned Executed by Aspen Specialty Insurance Company. Omni Specialty Packaging, LLC served on 7/24/2019, answer due 8/14/2019. (Waterman, Robert)
July 29, 2019 Filing 5 SUMMONS Returned Executed by Aspen Specialty Insurance Company. Omni Industries, LLC served on 7/24/2019, answer due 8/14/2019. (Waterman, Robert)
July 25, 2019 Filing 4 SUMMONS Returned Executed by Aspen Specialty Insurance Company. O'Reilly Automotive Stores, Inc. served on 7/24/2019, answer due 8/14/2019. (Waterman, Robert)
July 25, 2019 Filing 3 Corporate Disclosure/Statement of Interest by Aspen Specialty Insurance Company. (Waterman, Robert)
July 17, 2019 Judge Rebecca Goodgame Ebinger added. Chief Judge John A. Jarvey no longer assigned to case. (kjw)
July 16, 2019 Set Deadlines: Corporate Disclosure Statement deadline set for plaintiff 8/6/2019. (vr)
July 16, 2019 Filing 2 Summons/Corporate Disclosure Packet Note: Counsel should download the attached summons and/or corporate disclosure packet, if applicable. In compliance with Rule 4 of the Rules of Civil Procedure for summons and Local Rule 7.1 for the disclosure statements. (Attachments: #1 7.1 Packet) (vr)
July 15, 2019 Filing 1 COMPLAINT For Declaratory Judgment against All Defendants Filing fee paid in the amount of $ 400, receipt number 0863-3867950., filed by Aspen Specialty Insurance Company. Notice of Dismissal for lack of Service deadline set for 10/15/2019. Rule 16 Notice of Dismissal set for 10/15/2019.(Waterman, Robert)

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Defendant: O'Reilly Automotive, Inc.
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Defendant: Omni Industries, LLC
Represented By: J. Michael Parker
Represented By: Harry J. Philips, Jr.
Represented By: Michael W Thrall
Represented By: John P. Murrill
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Defendant: O'Reilly Automotive Stores, Inc. d/b/a O'Reilly Auto Parts
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Defendant: Omni Specialty Packaging, LLC
Represented By: J. Michael Parker
Represented By: Harry J. Philips, Jr.
Represented By: Michael W Thrall
Represented By: John P. Murrill
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Defendant: Ozark Purchasing, LLC
Represented By: Joshua C. Dickinson
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Defendant: Ozark Automotive Distributors, Inc
Represented By: Joshua C. Dickinson
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Defendant: O'Reilly Automotive Inc
Represented By: Joshua C. Dickinson
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Defendant: O'Reilly Automotive Stores, Inc.
Represented By: Joshua C. Dickinson
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Plaintiff: Aspen Specialty Insurance Company
Represented By: Robert VP Waterman, Jr
Represented By: Marianne May
Represented By: Kevin M. Haas
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