Kustom Blending, LLC v. East Coast Underwriters, LLC et al
| Kustom Blending, LLC |
| East Coast Underwriters, LLC, Group & Pension Administrators, LLC doing business as Imagine 360 Administrators, The Stautberg Group, LLC doing business as SBG Advisors, LLC doing business as Stautberg Benefit Advisors and Gerber Life Insurance Company |
| 2:2022cv00066 |
| May 19, 2022 |
| US District Court for the Eastern District of Kentucky |
| William O Bertelsman |
| Candace J Smith |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on June 28, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #12 FIRST MOTION to Remand to State Court by Kustom Blending, LLC (ECO) |
| Filing 27 SECOND MOTION to Amend/Correct by Kustom Blending, LLC Complaint Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support Memorandume in Support, #2 Attachment Second Amended Complaint, #3 Proposed Order Proposed Order)(Gatlin, Jack) |
| Filing 26 REPLY to Response to Motion re #12 FIRST MOTION to Remand to State Court by Kustom Blending, LLC , #11 MOTION for Leave to File filed by Kustom Blending, LLC. (Attachments: #1 Exhibit Email)(Gatlin, Jack) |
| Filing 25 NOTICE OF APPEARANCE by Kustom Blending, LLC. (Voelker, Brandon) |
| Filing 24 RESPONSE to Motion re #12 FIRST MOTION to Remand to State Court by Kustom Blending, LLC filed by East Coast Underwriters, LLC, Gerber Life Insurance Company. (Chung, Jennifer) |
| Filing 23 RESPONSE to Motion re #11 MOTION for Leave to File First Amended Complaint filed by East Coast Underwriters, LLC, Gerber Life Insurance Company. (Chung, Jennifer) |
Filing 22
VIRTUAL ORDER: granting #21 MOTION for Jennifer H. Chung to Appear Pro Hac Vice on behalf of Defendants East Coast Underwriters, LLC and Gerber Life Insurance Company, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 6/8/2022. (ECO)cc: COR, with copy mailed to Atty Jennifer Chung. Modified on 6/8/2022 (ECO).
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| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Jennifer H. Chung: re 22 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Jennifer H. Chung (ECO) |
| Filing 21 MOTION for Jennifer H. Chung to Appear Pro Hac Vice by East Coast Underwriters, LLC, Gerber Life Insurance Company ( Filing fee $125; receipt number AKYEDC-5283899)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A-Certificate of Good Standing , #2 Proposed Order)(Marino, Colton) Modified on 6/7/2022 (ECO). |
| BAR STATUS Check completed as to Jennifer H. Chung re #21 MOTION for Jennifer H. Chung to Appear Pro Hac Vice by East Coast Underwriters, LLC, Gerber Life Insurance Company ( Filing fee $125; receipt number AKYEDC-5283899). (ECO) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #21 MOTION for Jennifer H. Chung to Appear Pro Hac Vice by East Coast Underwriters, LLC, Gerber Life Insurance Company ( Filing fee $125; receipt number AKYEDC-5283899) (ECO) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Patrick M. Emery: re 20 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Patrick M. Emery (ECO) |
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Filing 20
VIRTUAL ORDER: granting #17 MOTION for Patrick M. Emery to Appear Pro Hac Vice as co-counsel on behalf of Defendant Group & Pension Administrators, LLC, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 6/4/2022. (ECO)cc: COR w/copy mailed to Attorney Patrick Emery
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| Filing 19 FRCP 7.1 DISCLOSURE STATEMENT by Gerber Life Insurance Company identifying Other Affiliate The Western & Southern Life Ins. Co. (Marino, Colton) Modified text on 6/2/2022 (TJZ). |
| Filing 18 FRCP 7.1 DISCLOSURE STATEMENT by East Coast Underwriters, LLC identifying Other Affiliate NFP Corp for East Coast Underwriters, LLC.. (Marino, Colton) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #17 MOTION for Patrick M. Emery to Appear Pro Hac Vice by Group & Pension Administrators, LLC ( Filing fee $125; receipt number AKYEDC-5279394) (ECO) |
| BAR STATUS Check completed as to Patrick M. Emery re #17 MOTION for Patrick M. Emery to Appear Pro Hac Vice by Group & Pension Administrators, LLC ( Filing fee $125; receipt number AKYEDC-5279394). (ECO) |
| Filing 17 MOTION for Patrick M. Emery to Appear Pro Hac Vice by Group & Pension Administrators, LLC ( Filing fee $125; receipt number AKYEDC-5279394)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order Proposed Order)(Salisbury, Russell) |
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Filing 16
AGREED ORDER: Plaintiff Kustom Blending, LLC, together with Defendant Group & Pension Administrators, Inc., through counsel, do each stipulate and agree that Defendant Group & Pension Administrators, Inc. may have fourteen (14) days in which to plead, move, or otherwise respond to the operative Complaint or proposed Amended Complaint running from either: (a) the date on which Plaintiff files an Amended Complaint following the entry of an order granting Plaintiffs Motion to Amend Complaint; or (b) the date on which the Court enters an order denying Plaintiff's Motion to Amend Complaint. Signed by Magistrate Judge Candace J. Smith on 6/1/2022.(ECO)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #15 Proposed Agreed Order for Extension of Time to Answer by Group & Pension Administrators, LLC (ECO) |
| Clerk's Note: Counsel advised Clerk that re #14 Proposed Agreed Order for Extension of Time to Answer by Gerber Life Insurance Company is an incorrect document-wrong party added to docket entry. Counsel filed correct document at DE #15 . (ECO) |
| Filing 15 Proposed Agreed Order for Extension of Time to Answer by Group & Pension Administrators, LLC. (Salisbury, Russell) Modified on 6/1/2022 (ECO). |
| Filing 14 "INCORRECTLY FILED" Proposed Agreed Order for Extension of Time to Answer by Gerber Life Insurance Company. (Salisbury, Russell) Modified text to add in correctly filed on 5/31/2022 (ECO). |
| Filing 13 RESPONSE to Motion re MOTION to Dismiss by East Coast Underwriters, LLC, Gerber Life Insurance Company filed by Kustom Blending, LLC. (Gatlin, Jack) |
| Filing 12 FIRST MOTION to Remand to State Court by Kustom Blending, LLC (Attachments: #1 Proposed Order Proposed Order)(Gatlin, Jack) |
| Filing 11 MOTION for Leave to File Amended Complaint #1 Notice of Removal by Kustom Blending, LLC Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support Memorandum in Support of Motion to Amend, #2 Attachment First Amended Complaint, #3 Proposed Order Proposed Order Granting Motion to Amend)(Gatlin, Jack) Modified text to redefine document on 6/1/2022 (ECO). Modified on 6/1/2022 (ECO). |
| Filing 10 FRCP 7.1 DISCLOSURE STATEMENT by The Stautberg Group, LLC. (Antaki, Vincent) |
| Filing 9 FRCP 7.1 DISCLOSURE STATEMENT by Kustom Blending, LLC. (Gatlin, Jack) |
| Filing 8 NOTICE TO ATTORNEY Patrick M. Emery by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (ECO) |
| Filing 7 NOTICE TO ATTORNEY Jennifer H. Chung by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (ECO) |
| Filing 6 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Vincent P. Antaki. #1 Notice of Removal,,,, has been filed by The Stautberg Group, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (ECO) |
| Filing 5 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Colton Cheney Marino. #1 Notice of Removal has been filed by Gerber Life Insurance Company and East Coast Underwriters, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (ECO) |
| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Group & Pension Administrators, LLC. (Salisbury, Russell) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Colton Cheney Marino: re #1 Notice of Removal. An e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Colton Cheney Marino (ECO) |
| NOTICE OF ACTION BY CLERK DELETING A DOCUMENT FROM THE RECORD: Notice of Deficiency re: 7.1 Disclosures. The deleted document was entered on 5/20/2022. Document deleted because Docketed in Error. *CD* cc: COR (ECO) |
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Filing 3
STANDING REFERRAL ORDER: 1) Case referred to presiding Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, hold hearings as required, and rule on nondispositive motions. Dispositive motions and motions in limine will be referred by the Clerk of court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will be before the undersigned, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 USC 636(c). Signed by Judge William O. Bertelsman on 6/18/2010.(ECO)cc: COR
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| Filing 1 NOTICE OF REMOVAL from Boone Circuit Court, case number 22-CI-00376. ( Filing fee $402; receipt number AKYEDC-5270350), filed by Group & Pension Administrators, LLC, East Coast Underwriters, LLC, The Stautberg Group, LLC, Gerber Life Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1-State Court Docket Sheet, #3 Exhibit 2-State Court Complaint, #4 Exhibit 3-State Court Summons-East Coast Underwriters, #5 Exhibit 4-State Court Summons-Group Pension Administrators, LLC, #6 Exhibit 5-State Court Summons-The Stautberg Group, LLC, #7 Exhibit 6-State Court Summons-Gerber Life Insurance, #8 Exhibit 7-Certified Mail Receipts, #9 Exhibit 8-State Court Record Summons-Group and Pensions Administrators, LLC, #10 Exhibit 9-State Court-Defs Motion to Dismiss, #11 Exhibit 10-State Court-Defs Memorandum in Support, #12 Exhibit 11-State Court- Defs Proposed Order to Motion to Dismiss, #13 Exhibit 12-Certified Mail Receipt to Secretary of State, #14 Exhibit 13-State Court Record-Answer of Def Stautberg, #15 Exhibit 14-Defendant's Notice of Filing Notice of Removal)(ECO) |
| Conflict Check run. (ECO) |
| ANSWER to Complaint by The Stautberg Group, LLC. (Filed as part of State Court Record DE #1 at Attachment 14).(ECO) |
| MOTION to Dismiss, Memorandum in Support and Proposed Order by East Coast Underwriters, LLC, Gerber Life Insurance Company (Filed as part of State Court Record at DE #1 at Attachments 10, 11 and 12). (ECO) |
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