Hickman et al v. Mulligan et al
| Sherri Hickman and Kaitlyn Angel |
| Thomas Mulligan, CTC Transportation Insurance Services, LLC, CTC Transportation Insurance Services of Missouri LLC, CTC Transportation Insurance Services of Hawaii LLC, Criterion Claim Solutions of Omaha, Inc., Lexicon Insurance Management, LLC, Chelsea Financial Group, Inc., 10-4 Preferred Risk Managers, Inc and County Hall Insurance Company, Inc |
| 6:2022cv00139 |
| July 29, 2022 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Hanly A Ingram |
| Robert E Wier |
| Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Tort/Motor Vehicle ( |
| Both |
Docket Report
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This docket was last retrieved on September 26, 2022. A more recent docket listing may be available from PACER.
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Filing 38
ORDER: Plaintiffs move for this Court to extend the several deadlines: (1) Plaintiffs' deadline to respond to any 12(b)(2) or 12(b)(6) Motions to Dismiss; (2) Plaintiffs' deadline to respond to DE #20 (Defendant CTC's Motion for Leave); and (3) Defendants' deadline to file any reply briefs. See DE #31 at 1. While Plaintiffs indicate Defendants consented to this motion, Defendants shall respond by September 28, 2022 so the Court may rule in the context of the full record. Signed by Judge Robert E. Wier on 09/26/2022.(KJA)cc: COR
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Filing 37
ORDER: The motions to stay [R. #22 , #29 , & #30 ] are GRANTED and that discovery is hereby STAYED pending the Court's ruling upon Defendants' pending motions to dismiss, [R. #21 , #25 , #26 , #28 , & #33 ]. Signed by Magistrate Judge Edward B. Atkins on 09/21/2022. (KJA)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #36 Notice of Withdrawal of Motion for Leave to file Excess Pages. (KJA) |
| Filing 36 NOTICE by County Hall Insurance Company, Inc re #34 MOTION for Leave to File Excess Pages by County Hall Insurance Company, Inc Notice of Withdrawal of Motion for Leave (Lennon, Nathan) |
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Filing 35
ORDER re #34 MOTION for Leave to File Excess Pages by County Hall Insurance Company, Inc : Plaintiffs shall indicate their position on the request by September 20, 2022. The Court will then rule on that request in the context of the full record. Signed by Judge Robert E. Wier on 9/19/2022.(APR)cc: COR
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| Filing 34 MOTION for Leave to File Excess Pages by County Hall Insurance Company, Inc Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Lennon, Nathan) |
| Filing 33 MOTION to Dismiss for failure to state a claim by County Hall Insurance Company, Inc (Attachments: #1 Proposed Order Proposed Order - Failure to State a Claim, #2 Proposed Order Proposed Order - Lack of Personal Jurisdiction)(Lennon, Nathan) |
| Filing 32 NOTICE OF FILING by Lexicon Insurance Management, LLC re #28 MOTION to Dismiss by Lexicon Insurance Management, LLC Pursuant to Rule 12(b)(6) (Attachments: #1 Proposed Order)(Motta, Denise) |
| Filing 31 MOTION Agreed Motion to Set Briefing Schedule by Kaitlyn Angel, Sherri Hickman Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Naiser, A.) |
| Filing 30 AGREED MOTION to Stay by Kaitlyn Angel, Sherri Hickman Discovery Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Naiser, A.) Modified motion text on 9/14/2022 (KJA). |
| Filing 29 MOTION to Stay by Lexicon Insurance Management, LLC Discovery Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Motta, Denise) |
| Filing 28 MOTION to Dismiss by Lexicon Insurance Management, LLC Pursuant to Rule 12(b)(6) (Attachments: #1 Incorrect Proposed Order)(Motta, Denise) (Additional attachment(s) added on 9/14/2022: #2 CORRECTED Proposed Order) (KJA). Modified to add corrected proposed order pursuant to QC on 9/14/2022 on 9/14/2022 (KJA). |
| ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Atkins for review: #27 Report of Rule 26(f) Planning Meeting (STC) |
| Filing 27 REPORT of Rule 26(f) Planning Meeting. (Kleinert, Michael) |
| Filing 26 MOTION for Joinder #21 MOTION to Dismiss by CTC Transportation Insurance Services of Hawaii LLC, CTC Transportation Insurance Services of Missouri LLC, CTC Transportation Insurance Services, LLC, Thomas Mulligan by 10-4 Preferred Risk Managers, Inc, Criterion Claim Solutions of Omaha, Inc. Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit Arbitration Notice & Demand, #2 Proposed Order Tendered Proposed Order)(Pullen, Andrew) |
| NOTICE OF DOCKET MODIFICATION TO Michael Davis re #25 MOTION to Dismiss by Chelsea Financial Group, Inc. and Motion to Stay MOTION to Stay. Error: This motion requests 2 forms of relief and only one form of relief was selected; Entry by attorney; Clerk added the motion relief requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judge's motion report. No further action required by counsel. cc: COR (KJA) |
| Filing 25 MOTION to Dismiss by Chelsea Financial Group, Inc. and Motion to Stay (Attachments: #1 Proposed Order)(Davis, Michael). Added MOTION to Stay on 9/2/2022 (KJA). |
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Filing 24
ORDER re #11 Motion for Extension of Time: County Halls Motion for Extension of Time [R. 11] is GRANTED. County Hall shall have to and including September 16, 2022 to file an Answer or otherwise respond to Plaintiffs Complaint. Signed by Magistrate Judge Edward B. Atkins on 9/1/2022. (JMB)cc: COR
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Filing 23
ORDER re #22 MOTION to Stay by CTC Transportation Insurance Services of Hawaii LLC, CTC Transportation Insurance Services of Missouri LLC, CTC Transportation Insurance Services, LLC, Thomas Mulligan Pending Resolution of Defendants' Motion to Dismiss filed by CTC Transportation Insurance Services of Missouri LLC, CTC Transportation Insurance Services of Hawaii LLC, Thomas Mulligan, CTC Transportation Insurance Services, LLC: The Plaintiffs and other Defendants shall respond to the motion to stay [R. 22] no later than September 16, 2022. Signed by Magistrate Judge Edward B. Atkins on 9/1/2022.(JMB)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #20 MOTION for Leave to File by CTC Transportation Insurance Services of Hawaii LLC, CTC Transportation Insurance Services of Missouri LLC, CTC Transportation Insurance Services, LLC, Thomas Mulligan to Exceed LR 7.1 Page Limit (KJA) |
| ***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: re #11 MOTION for Extension of Time (Agreed) by County Hall Insurance Company, Inc to move or plead in response to Plaintiffs' Complaint (KJA) |
| Filing 22 MOTION to Stay by CTC Transportation Insurance Services of Hawaii LLC, CTC Transportation Insurance Services of Missouri LLC, CTC Transportation Insurance Services, LLC, Thomas Mulligan Pending Resolution of Defendants' Motion to Dismiss. (Attachments: #1 Exhibit 1 - Prior Requests to CTC, #2 Exhibit 2 - Prior Requests to CTC-Hawaii, #3 Exhibit 3 - Prior Requests to CTC-Missouri, #4 Exhibit 4 - Prior Requests to Mulligan, #5 Proposed Order Proposed Order)(Kleinert, Michael) Modified to remove referral language on 9/1/2022 (KJA). |
| Filing 21 MOTION to Dismiss by CTC Transportation Insurance Services of Hawaii LLC, CTC Transportation Insurance Services of Missouri LLC, CTC Transportation Insurance Services, LLC, Thomas Mulligan (Attachments: #1 Exhibit 1 - State court complaint dated 8/28/17, #2 Exhibit 2 - Motion dated 2/6/19, #3 Exhibit 3 - Response dated 2/21/19, #4 Exhibit 4 - Motion dated 4/15/19, #5 Exhibit 5 - Response dated 4/17/19, #6 Exhibit 6 - Order dated 6/17/19, #7 Exhibit 7 - Motion dated 8/16/19, #8 Exhibit 8 - Notice dated 10/23/19, #9 Exhibit 9 - Motion dated 6/19/20, #10 Exhibit 10 - Order dated 8/3/20, #11 Exhibit 11 - Motion dated 9/30/20, #12 Exhibit 12 - Order dated 10/26/20, #13 Exhibit 13 - RFAs dated 3/9/21, #14 Exhibit 14 - Order dated 3/15/21, #15 Exhibit 15 - Motion dated 5/6/21, #16 Exhibit 16 - Motion dated 5/11/21, #17 Exhibit 17 - Order dated 5/28/21, #18 Exhibit 18 - Renotice dated 9/3/21, #19 Exhibit 19 - Order dated 9/24/21, #20 Exhibit 20 - RFAs dated 2/3/22, #21 Exhibit 21 - Notice dated 2/7/22, #22 Exhibit 22 - RFAs dated 2/9/22, #23 Exhibit 23 - Motion dated 4/11/22, #24 Exhibit 24 - State court docket, #25 Exhibit 25 - Arbitration complaint, #26 Exhibit 26 - Spirit insurance policy, #27 Exhibit 27 - Receiver's Second Status Report dated 8/6/19, #28 Exhibit 28 - Receiver's First Status Report dated 5/31/19, #29 Exhibit 29 - Accredited reinsurance agreement, #30 Exhibit 30 - Wesco reinsurance agreement, #31 Proposed Order Proposed Order)(Kleinert, Michael) |
| Filing 20 MOTION for Leave to File by CTC Transportation Insurance Services of Hawaii LLC, CTC Transportation Insurance Services of Missouri LLC, CTC Transportation Insurance Services, LLC, Thomas Mulligan to Exceed LR 7.1 Page Limit. (Attachments: #1 Proposed Order)(Kleinert, Michael) Modified to remove referral language on 9/1/2022 (KJA). |
| Filing 19 FRCP 7.1 DISCLOSURE STATEMENT by Chelsea Financial Group, Inc.. (Davis, Michael) |
| Filing 18 ANSWER to Complaint with jury demand by Chelsea Financial Group, Inc.(Davis, Michael) Modified on 9/1/2022 (KJA). |
| Filing 17 NOTICE OF APPEARANCE by Chelsea Financial Group, Inc.. (Davis, Michael) |
| Filing 16 FRCP 7.1 DISCLOSURE STATEMENT by CTC Transportation Insurance Services of Hawaii LLC. (Bentley, Frederick) |
| Filing 15 FRCP 7.1 DISCLOSURE STATEMENT by CTC Transportation Insurance Services of Missouri LLC. (Bentley, Frederick) |
| Filing 14 FRCP 7.1 DISCLOSURE STATEMENT by CTC Transportation Insurance Services, LLC. (Bentley, Frederick) |
| Filing 13 FRCP 7.1 DISCLOSURE STATEMENT by Lexicon Insurance Management, LLC. (Motta, Denise) |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction by Lexicon Insurance Management, LLC (Attachments: #1 Memorandum in Support, #2 Affidavit of Daniel George, #3 Proposed Order)(Motta, Denise) Modified text on 9/1/2022 (KJA). |
| Filing 11 MOTION for Extension of Time (Agreed) by County Hall Insurance Company, Inc to move or plead in response to Plaintiffs' Complaint Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order Proposed Order)(Lennon, Nathan) Modified to further describe motion on 9/1/2022 (KJA). |
| Filing 10 ANSWER to Complaint and Affirmative Defenses by Lexicon Insurance Management, LLC.(Motta, Denise) |
| Filing 9 NOTICE TO ATTORNEY Seth Wiseman by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (SAM) |
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Filing 7
ORDER: Due to a conflict, the undersigned must recuse from this case. IT IS HEREBY ORDERED THAT, in accordance with paragraph 7 of General Order 18-22, this matter is REASSIGNED to Magistrate Judge Edward B. Atkins. Signed by Magistrate Judge Hanly A. Ingram on 8/4/2022.(MM)cc: COR
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Filing 6
ORDER FOR MEETING AND REPORT:District Judge Wier has referred this matter to the undersigned to direct the parties to "timely conduct a Rule 26(f) conference," and establish a schedule, among other things. D.E. 5 at 1-2. Pursuant to Fed. R. Civ. P. 16 and 26, the Court ORDERS as follows: (1) Within 21 days, the parties, by counsel, shall meet, either in person or by telephone, to consider the topics Rule 26(f)(2) mandates. (2) Within 14 days of the meeting, the parties shall file a joint status report containing: see a. - e. Signed by Magistrate Judge Hanly A. Ingram on 8/2/2022. (Attachments: #1 MJ Consent)(MM)cc: COR
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Filing 5
STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier. (KJA)cc: COR
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| Filing 4 NOTICE of Appearance by Nathan Andrew Lennon on behalf of COUNTY HALL INSURANCE COMPANY, INC (SAM) |
| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by COUNTY HALL INSURANCE COMPANY, INC. (SAM) |
| Filing 1 NOTICE OF REMOVAL from Rockcastle Circuit Court, case number 22-CI-00106. ( Filing fee $402; receipt number AKYEDC-5323768), filed by CTC TRANSPORTATION INSURANCE SERVICES OF HAWAII LLC, Thomas Mulligan, CRITERION CLAIM SOLUTIONS OF OMAHA, INC., CHELSEA FINANCIAL GROUP, INC., COUNTY HALL INSURANCE COMPANY, INC, LEXICON INSURANCE MANAGEMENT, LLC, CTC TRANSPORTATION INSURANCE SERVICES, LLC, 10-4 PREFERRED RISK MANAGERS, INC, CTC TRANSPORTATION INSURANCE SERVICES OF MISSOURI LLC. (Attachments: #1 Civil Cover Sheet, #2 State Court Record)(SAM) |
| Conflict Check run. (SAM) |
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