LDG Rentals, LLC v. Western World Insurance Company et al
| LDG Rentals. LLC and LDG Rentals, LLC |
| Acrisure, LLC dba NDB Insurance, Western World Insurance Company, Acrisure, LLC doing business as NDB Insurance and Newkirk, Dennis & Buckles, Inc. |
| 6:2023cv01216 |
| October 9, 2023 |
| US District Court for the District of Kansas |
| Toby Crouse |
| Rachel E Schwartz |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.
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Filing 21
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for January 9, 2024, at 3:00 p.m. by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 5705809) before Magistrate Judge Rachel E. Schwartz. Rule 26 Planning Conference Deadline 12/15/2023. Rule 26 Initial Disclosures Deadline set for 12/29/2023. Proposed Scheduling Order Deadline 12/29/2023. Signed by Magistrate Judge Rachel E. Schwartz on 11/21/2023. (drk)
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| Filing 20 CORPORATE DISCLOSURE STATEMENT by Western World Insurance Company identifying AIG Property Casualty U.S., Inc. as corporate parent . (Ware, Mark) |
| Filing 19 ANSWER to Complaint by Western World Insurance Company.(Ware, Mark) |
| Filing 18 NOTICE of DEFENDANT WESTERN WORLD INSURANCE COMPANY'S CONSENT TO REMOVAL by Western World Insurance Company (Ware, Mark) |
| Filing 17 ENTRY OF APPEARANCE by Mark David Ware on behalf of Western World Insurance Company (Ware, Mark) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT by LDG Rentals, LLC identifying None as corporate parent (Cartmell, Jordyn) |
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Filing 15
ORDER regarding #14 Defendant Acrisure, LLC's Response to the Show-Cause Order. The Court previously ordered Defendant Acrisure, LLC to show cause in writing by October 30, 2023, why the Magistrate Judge should not recommend that the District Judge remand this case for lack of subject matter jurisdiction. Defendant Acrisure, LLC responded to the show-cause order on October 30, 2023. The Court has reviewed Defendant Acrisure, LLC's response, which addresses the Court's jurisdictional concerns regarding the citizenship of the parties. For this reason, the Magistrate Judge will not recommend that the District Judge remand this action at this time. Revised Rule 7.1(a)(2) of the Federal Rules of Civil Procedure requires that in "an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party or intervenor must, unless the court orders otherwise, file a disclosure statement. The statement must name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party or intervenor: (A) when the action is filed in or removed to federal court...." Plaintiff has not filed a disclosure statement. Because the basis for jurisdiction in this case is diversity pursuant to 28 U.S.C. 1332(a), on or before November 16, 2023, Plaintiff is required to file a disclosure statement that fully complies with Rule 7.1(a)(2), as recently amended. Plaintiff's disclosure statement must identify the name and citizenship (not just the residence) of every individual or entity whose citizenship is attributed to Plaintiff. Signed by Magistrate Judge Rachel E. Schwartz on 11/2/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jrh)
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| Filing 14 RESPONSE by Defendant Acrisure, LLC re #11 Order to Show Cause,, (Attachments: #1 Exhibit A, #2 Exhibit B)(McCurdy, Kelli) Modified exhibit titles on 10/31/2023 to match documents. (kmc) |
| Filing 13 ENTRY OF APPEARANCE by Jordyn Cartmell on behalf of LDG Rentals, LLC (Cartmell, Jordyn) |
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Filing 12
ORDER granting #8 Motion to Stay Discovery. Defendant Acrisure, LLC d/b/a NDB Insurance requests that the Court stay discovery until the parties complete their Rule 26(f) conference, effectively seeking to be relieved of its obligation to respond to discovery that Plaintiff served before this case was removed to federal court. Discovery requests served in a state court case typically become null following removal to federal court. See, e.g., Hayes v. Tyson Foods, Inc., No. 18-CV-1324-EFM-ADM, 2019 WL 2473830, at *2 n.2 (D. Kan. June 13, 2019). Rule 26(d)(1) additionally states that a "party may not seek discovery from any source before the parties have conferred as required by Rule 26(f)" except in limited proceedings that are not relevant to this litigation. Because the Rule 26(f) conference has not occurred, Defendant's motion is granted insofar as the Court currently stays any obligations for Defendant to respond to the discovery requests served in the state court. The parties are ordered to discuss Plaintiff's discovery requests as part of the Rule 26(f) conference. If a dispute remains regarding these discovery requests, the parties shall notify the Court at the scheduling conference. The Court separately will enter an Initial Order Setting a Scheduling Conference, which will include a deadline for the parties to conduct the Rule 26(f) conference. Signed by Magistrate Judge Rachel E. Schwartz on 10/17/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jrh)
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Filing 11
NOTICE AND ORDER ORDER TO SHOW CAUSE. The Court orders Acrisure to show cause in writing to the Magistrate Judge by October 30, 2023, why the Magistrate Judge should not recommend that the District Judge remand this case for lack of subject matter jurisdiction. Any response to the show-cause order must point to factual allegations that, if true, would establish complete diversity of citizenship between LDG and all Defendants. Signed by Magistrate Judge Rachel E. Schwartz on 10/16/2023. (sz)
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| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Toby Crouse and Magistrate Judge Rachel E. Schwartz for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jk) |
| Filing 10 CERTIFIED MAIL RECEIPT returned addressed to Western World Insurance Group. (FILED IN MONTGOMERY-INDEPENDENCE DISTRICT COURT ON 6/15/2023; see #1 Notice of Removal for pleading) (kmc) |
| Filing 9 DESIGNATION OF PLACE OF TRIAL filed by Defendant Acrisure, LLC dba NDB Insurance - trial to be held in Wichita. (McCurdy, Kelli) |
| Filing 8 MOTION to Stay Discovery by Defendant Acrisure, LLC dba NDB Insurance (Attachments: #1 Exhibit)(McCurdy, Kelli) |
| Filing 7 CERTIFICATE OF SERVICE of Notice of Removal to State Court by Acrisure, LLC dba NDB Insurance. (Attachments: #1 Exhibit, #2 Exhibit)(McCurdy, Kelli) |
| Filing 6 ENTRY OF APPEARANCE by Jordon T. Stanley on behalf of Acrisure, LLC dba NDB Insurance. (Stanley, Jordon) |
| Filing 5 NOTICE OF INTENT TO REMOVE by Kelli McCurdy on behalf of Acrisure, LLC dba NDB Insurance (McCurdy, Kelli) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Acrisure, LLC dba NDB Insurance identifying Acrisure Holdings, Inc. as corporate parent . (McCurdy, Kelli) |
| Filing 3 ENTRY OF APPEARANCE by Kelli McCurdy on behalf of Acrisure, LLC dba NDB Insurance. (McCurdy, Kelli) |
| Filing 2 CIVIL COVER SHEET by Defendant Acrisure, LLC dba NDB Insurance. (McCurdy, Kelli) |
| Filing 1 NOTICE OF REMOVAL from District Court of Montgomery County, case number MGI-2023-CV-000042 Trial location of Wichita ( Filing fee $402, Internet Payment Receipt Number AKSDC-6172778.), filed by Acrisure, LLC dba NDB Insurance. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(McCurdy, Kelli) |
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