Bank of the Mountains, Inc. v. Scalf et al
| Bank of the Mountains, Inc. |
| Brian J. Scalf, Everest National Insurance Company, ABA Insurance Services Inc. and Brandon Evans |
| 0:2018cv00103 |
| October 5, 2018 |
| US District Court for the Eastern District of Kentucky |
| Henry R Wilhoit |
| Insurance |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on November 16, 2018. A more recent docket listing may be available from PACER.
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Filing 20
ORDER: 1. Plf Bank of the Mountains, Inc.'s Motion to Stay Proceedings Pending Continuation of Mediation is GRANTED; and 2. This matter is STAYED through December 31, 2018, while the parties continue mediation efforts. Signed by Judge Henry R. Wilhoit, Jr on 11/16/18. (KSS)cc: COR Modified on 11/16/2018 to reflect copy mailed to Attorney Turano w/ECF form (KSS).
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| ***MOTION SUBMITTED TO CHAMBERS of Wilhoit for review: re #19 MOTION to Stay by Bank of the Mountains, Inc. (JLS) |
| Filing 19 MOTION to Stay by Bank of the Mountains, Inc. (Attachments: #1 Proposed Order Proposed Order)(Maclin, Robert) |
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Filing 18
ORDER: 1. Plaintiff Bank of the Mountains, Inc.'s Motion to Stay Briefing of Dismissal Pending Resolution of Remand is GRANTED; and 2. Plaintiff, Bank of the Mountains, Inc. shall have fourteen (14) days from the Court's ruling on the issue of remand to file its Response to Defendant ABA Insurance Services, Inc.'s Motion to Dismiss. Signed by Judge Henry R. Wilhoit, Jr on 11/1/18.(KSS)cc: COR
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| Filing 17 FIRST ANSWER to Amended Complaint by Brian J. Scalf, Brandon Evans.(Anderson, Frederick) Modified on 11/1/2018 to add filers(KSS). |
| Filing 16 MOTION to Dismiss by Bank of the Mountains, Inc. (Attachments: #1 Proposed Order Proposed Order)(Maclin, Robert) |
| ***MOTIONS SUBMITTED TO CHAMBERS of Wilhoit for review: re #16 MOTION to Dismiss by Bank of the Mountains, Inc. , #15 MOTION to Dismiss by ABA Insurance Services Inc. (KSS) |
| Filing 15 MOTION to Dismiss by ABA Insurance Services Inc. (Attachments: #1 Exhibit 1 - The Bond, #2 Proposed Order)(Keeley, Michael) |
| Filing 14 ANSWER to Amended Complaint (Plaintiff's Third Amended Complaint) by Everest National Insurance Company.(Keeley, Michael) |
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Filing 13
ORDER: After consideration of Motion #12 , the Court is of the opinion that it should be and hereby is GRANTED. Defendants Everest National Insurance Company and ABA Insurance Services, Inc. must file the brief in support of removal by November 20, 2018, and the Plaintiff must file its response by November 27, 2018. SO ORDERED.. Signed by Judge Henry R. Wilhoit, Jr on 10/19/18.(KSS)cc: COR, Atty Turano (via US Mail)
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| Filing 12 JOINT MOTION for Extension of Time by Everest National Insurance Company (EXPEDITED) Extension of Deadlines for Removal Briefing (Attachments: #1 Proposed Order)(Keeley, Michael) |
| Filing 11 FRCP 7.1 DISCLOSURE STATEMENT by Bank of the Mountains, Inc. identifying Other Affiliate Mountain Bancorp, Inc. for Bank of the Mountains, Inc... (Maclin, Robert) |
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Filing 10
ORDER re #1 Notice of Removal, filed by ABA Insurance Services Inc., Everest National Insurance Company. IT IS HEREBY ORDERED AND ADJUDGED: (1) That within 10 days of entry of this Order, the Dfts shall file a memorandum in support of removal jurisdiction (2) That within 7 days thereafter, plf shall file a responsive memorandum (3) that in the event the Court determines that it may not properly exercise jurisdiction over this matter, this action shall be remanded to the Morgan Circuit Court, Morgan County, Kentucky. Signed by Judge Henry R. Wilhoit, Jr on 10/10/18.(KSS)cc: COR, Atty. Turano (via US Mail)
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Filing 9
ORDER: ORDERED that Michael Keeley is admitted pro hac vice in the above referenced case to represent Everest National Insurance Company and ABA Insurance Services, Inc. Signed by Judge Henry R. Wilhoit, Jr on 10/10/18. (KSS)cc: COR
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Filing 8
ORDER: ORDERED that Joseph Turano is admitted pro hac vice in the above referenced case to represent Everest National Insurance Company and ABA Insurance Services, Inc. Signed by Judge Henry R. Wilhoit, Jr on 10/10/18. (KSS)cc: COR, Atty. Turano (via US Mail w/ECF filing form)
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Filing 7
ORDER: ORDERED that Carla Crapster is admitted Pro Hac Vice in the above referenced case to represent Everest National Insurance Company and ABA Insurance Services, Inc.. Signed by Judge Henry R. Wilhoit, Jr on 10/10/18. (KSS)cc: COR
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| BAR STATUS Check completed as to Michael Keeley, Joseph A. Turano, Carla Crapster re #5 MOTION for Joseph Turano to Appear Pro Hac Vice by ABA Insurance Services Inc., Everest National Insurance Company ( Filing fee $125; receipt number 0643-4186713), #4 MOTION for Carla Crapster to Appear Pro Hac Vice by ABA Insurance Services Inc., Everest National Insurance Company ( Filing fee $125; receipt number 0643-4186690), #6 MOTION for Michael Keeley to Appear Pro Hac Vice by ABA Insurance Services Inc., Everest National Insurance Company ( Filing fee $125; receipt number 0643-4186717). (KSS) |
| ***MOTIONS SUBMITTED TO CHAMBERS of Wilhoit for review: re #4 #5 #6 MOTIONS for Carla Crapster, Joseph Turano and Michael Keeley to Appear Pro Hac Vice for ABA Insurance Services Inc., Everest National Insurance Company (KSS) |
| Filing 6 MOTION for Michael Keeley to Appear Pro Hac Vice by ABA Insurance Services Inc., Everest National Insurance Company ( Filing fee $125; receipt number 0643-4186717) (Attachments: #1 Exhibit A - Affidavit and Certificate of Good Standing, #2 Proposed Order)(Edelman, Barbara) |
| Filing 5 MOTION for Joseph Turano to Appear Pro Hac Vice by ABA Insurance Services Inc., Everest National Insurance Company ( Filing fee $125; receipt number 0643-4186713) (Attachments: #1 Exhibit A - Affidavit and Certificate of Good Standing, #2 Proposed Order)(Edelman, Barbara) |
| Filing 4 MOTION for Carla Crapster to Appear Pro Hac Vice by ABA Insurance Services Inc., Everest National Insurance Company ( Filing fee $125; receipt number 0643-4186690) (Attachments: #1 Exhibit A - Affidavit and Certificate of Good Standing, #2 Proposed Order)(Edelman, Barbara) |
| Conflict Check run. (KSS) |
| AMENDED COMPLAINT filed in Morgan Circuit Court 7/26/16 against Brandon Evans, Brian J. Scalf filed by Bank of the Mountains, Inc. (NOTE: State Court Pleading, see DE #1 for pdf document)(KSS) |
| ANSWER to Complaint filed in Morgan Circuit Court by Brandon Evans, Brian J. Scalf. (NOTE: State Court Pleading, see DE #1 for pdf document)(KSS) |
| THIRD AMENDED COMPLAINT filed in Morgan Circuit Court 9/17/18 against All Defendants filed by Bank of the Mountains, Inc. (NOTE: State Court Pleading, see DE #1 for pdf document)(KSS) |
| SECOND AMENDED COMPLAINT against All Defendants, filed by Bank of the Mountains, Inc. (NOTE: State Court Pleading, see DE #1 for pdf document)(KSS) |
| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by ABA Insurance Services Inc., Everest National Insurance Company identifying Corporate Parent Everest Re Group, Ltd., Everest Reinsurance Holdings, Inc., Everest Underwriting Group (Ireland) Limited for Everest National Insurance Company; Corporate Parent American Bankers Mutual Insurance, Ltd. for ABA Insurance Services Inc. (KSS) |
| Filing 1 NOTICE OF REMOVAL from Morgan Circuit Court, case number 16-CI-00037. ( Filing fee $400; receipt number 0643-4185511), filed by Everest National Insurance Company, ABA Insurance Services Inc. (Attachments: #1 Exhibit 1-Affidavit of Terence Cawley, #2 Exhibit 2-State Court Record, #3 Exhibit 3-Service of Citation on Dft Everest Natl Ins. Co., #4 Civil Cover Sheet)(KSS) |
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