McWane, Inc. et al v. McIntyre Brothers, Inc. et al
Plaintiff: McWane, Inc. as Subrogees of McWane Inc. d/b/a Manchester Tank & Equipment Co. doing business as Manchester Tank & Equipment Co., AIG Specialty Insurance Company as Subrogees of McWane Inc. d/b/a Manchester Tank & Equipment Co., XL Insurance America, Inc. as Subrogees of McWane Inc. d/b/a Manchester Tank & Equipment Co. and Zurich American Insurance Company as Subrogees of McWane Inc. d/b/a Manchester Tank & Equipment Co.
Defendant: McIntyre Brothers, Inc. and McIntyre Brothers, LLC
Case Number: 1:2023cv00053
Filed: April 21, 2023
Court: US District Court for the Western District of Kentucky
Presiding Judge: H Brent Brennenstuhl
Referring Judge: Greg N Stivers
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Property Damage
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 16, 2023 Filing 25 Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)) by AIG Specialty Insurance Company, McWane, Inc., XL Insurance America, Inc., Zurich American Insurance Company. (Call, Angela)
June 16, 2023 Filing 24 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by AIG Specialty Insurance Company. (Call, Angela)
June 16, 2023 Filing 23 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by Zurich American Insurance Company. (Call, Angela)
June 16, 2023 Filing 22 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by XL Insurance America, Inc.. (Call, Angela)
June 16, 2023 Filing 21 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by McWane, Inc.. (Call, Angela)
June 8, 2023 Filing 20 NOTICE of Deficiency to Angela M. Call, Dean S. Rauchwerger, and Geoffrey M. Waguespack, Counsel for Plaintiffs. Reason for Deficiency: Missing Rule 7.1(a)(1) AND Rule 7.1(a)(2) disclosure statements for Plaintiffs. Failure to comply will be brought to the attention of the Court. Response due by 6/15/2023. (TJD)
June 7, 2023 Opinion or Order Filing 19 SCHEDULING ORDER for proceedings held before Magistrate Judge H. Brent Brennenstuhl: Scheduling Conference held on 6/6/2023. Amended Pleadings due by 3/1/2024. Daubert Motion due by 10/1/2024. Dispositive Motions due by 10/1/2024. Expert Discovery due by 8/30/2024. Expert Witness (Defendant) due by 5/24/2024. Expert Witness (Plaintiff) due by 3/29/2024. Fact Discovery due by 2/16/2024. Joinder of Parties due by 3/1/2024. Rule 26(a)(1) Disclosure due by 7/21/2023. Status Conference set for 9/10/2024 9:30 AM CDT in Teleconference before Magistrate Judge H. Brent Brennenstuhl. cc:counsel; Dean S. Rauchwerger (w/ECF Packet) ; Geoffrey M. Waguespack (w/ECF packet) (JWM) Modified dist on 6/7/2023 (JWM).
May 26, 2023 Filing 18 Joint REPORT of Rule 26(f) Planning Meeting by AIG Specialty Insurance Company, McWane, Inc., XL Insurance America, Inc., Zurich American Insurance Company. (Call, Angela)
May 16, 2023 Opinion or Order Filing 17 ORDER FOR ADMISSION PRO HAC VICE by Magistrate Judge H. Brent Brennenstuhl on 5/16/2023 granting #15 Motion for Geoffrey M. Waguespack to Appear Pro Hac Vice cc: Counsel; Geoffrey Waguespack (w/ ECF Packet); Dean Rauchwerger (w/ ECF Packet)(JWM)
May 16, 2023 Opinion or Order Filing 16 ORDER FOR ADMISSION PRO HAC VICE by Magistrate Judge H. Brent Brennenstuhl on 5/16/2023 granting #14 Motion for Dean S. Rauchwerger to Appear Pro Hac Vice cc: Counsel; Dean Rauchwerger (w/ ECF Packet); Geoffery Waguespack (w/ ECF Packet)(JWM)
May 15, 2023 Filing 15 MOTION for Geoffrey M. Waguespack to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3808072. by Plaintiffs AIG Specialty Insurance Company, McWane, Inc., XL Insurance America, Inc., Zurich American Insurance Company (Attachments: #1 Proposed Order Order to Appear Pro Hac Vice) (Call, Angela)
May 15, 2023 Filing 14 MOTION for Dean S Rauchwerger to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3808051. by Plaintiffs AIG Specialty Insurance Company, McWane, Inc., XL Insurance America, Inc., Zurich American Insurance Company (Attachments: #1 Proposed Order Order to Appear Pro Hac Vice) (Call, Angela)
May 1, 2023 Filing 13 ATTORNEY NOTICE of Deficiency to Geoffrey M. Waguespack re #1 Notice of Removal,.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 5/17/2023. (KJA)
May 1, 2023 Filing 12 ATTORNEY NOTICE of Deficiency to Dean S. Rauchwerger re #1 Notice of Removal.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 5/17/2023. (KJA)
April 25, 2023 Opinion or Order Filing 11 ORDER FOR RULE 16 SCHEDULING CONFERENCE by Chief Judge Greg N. Stivers (EBOC) on 4/25/2023. Scheduling Conference set for 6/6/2023 10:00 AM CDT/11:00 AM EDT in Teleconference before Magistrate Judge H. Brent Brennenstuhl. Meeting of the parties due by 5/16/2023. Rule 26 Meeting Report due by 5/30/2023. See Order for details. cc:counsel; Dean S. Rauchwerger; Geoffrey M. Waguespack; KLL-Case Manager (JWM) Modified dist on 4/25/2023 (JWM).
April 25, 2023 Filing 10 NOTICE: Pursuant to 28 U.S.C. Section 636(c) and in accordance with Rule 73(b)(1) of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that a United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action including a (jury or non-jury) trial and to order the entry of a final judgment. You may consent to have your case referred to a Magistrate Judge, or you may withhold your consent without adverse consequences. Should all parties consent to having a United States Magistrate Judge conduct all proceedings in this case, please complete the #Notice, Consent, and Reference of a Civil Action to a Magistrate Judge and send a copy of this document to the clerks office via regular mail or email at # intake-kywECF@kywd.uscourts.gov. (TJD)
April 25, 2023 Opinion or Order Filing 9 TEXT ORDER by Chief Judge Greg N. Stivers on 4/25/2023; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge H. Brent Brennenstuhl, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Brennenstuhl is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record; KLL (TJD)
April 21, 2023 Filing 8 CLERK'S NOTICE to Taylor Circuit Court and Counsel/Parties re #1 Notice of Removal. (CDL)
April 21, 2023 Filing 7 Case Assignment (Random Selection): Case Assigned to Chief Judge Greg N. Stivers. (CDL)
April 21, 2023 Filing 6 NOTICE of Appearance by Michael S. Maloney on behalf of McIntyre Brothers, Inc., McIntyre Brothers, LLC. (CDL)
April 21, 2023 Filing 5 Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)) by McIntyre Brothers, LLC. (CDL)
April 21, 2023 Filing 4 Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)) by McIntyre Brothers, Inc. (CDL)
April 21, 2023 Filing 3 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by McIntyre Brothers, LLC. (CDL)
April 21, 2023 Filing 2 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by McIntyre Brothers, Inc. (CDL)
April 21, 2023 Filing 1 NOTICE OF REMOVAL by McIntyre Brothers, LLC, McIntyre Brothers, Inc. from Taylor Circuit Court, case number 23-CI-00062, (Filing fee $402, receipt number AKYWDC-3792692), filed by McIntyre Brothers, LLC, McIntyre Brothers, Inc. (Attachments: #1 Exhibit 1 - State Court Pleadings & Answers, #2 Exhibit 2- Secretary of State Information, #3 Exhibit 3 -Notice of Filing Notice of Removal, #4 Exhibit Certificate of Filing, #5 Cover Sheet) (CDL)
April 21, 2023 ANSWER to Complaint with Jury Demand (Filed in Taylor Circuit Court - See DN #1 -1.) by McIntyre Brothers, Inc., McIntyre Brothers, LLC. (CDL)

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Plaintiff: McWane, Inc. as Subrogees of McWane Inc. d/b/a Manchester Tank & Equipment Co. doing business as Manchester Tank & Equipment Co.
Represented By: Angela M. Call
Represented By: Dean S. Rauchwerger
Represented By: Geoffrey M. Waguespack
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Plaintiff: AIG Specialty Insurance Company as Subrogees of McWane Inc. d/b/a Manchester Tank & Equipment Co.
Represented By: Angela M. Call
Represented By: Dean S. Rauchwerger
Represented By: Geoffrey M. Waguespack
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Plaintiff: XL Insurance America, Inc. as Subrogees of McWane Inc. d/b/a Manchester Tank & Equipment Co.
Represented By: Angela M. Call
Represented By: Dean S. Rauchwerger
Represented By: Geoffrey M. Waguespack
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Plaintiff: Zurich American Insurance Company as Subrogees of McWane Inc. d/b/a Manchester Tank & Equipment Co.
Represented By: Angela M. Call
Represented By: Dean S. Rauchwerger
Represented By: Geoffrey M. Waguespack
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Defendant: McIntyre Brothers, Inc.
Represented By: Mark E. Roth
Represented By: Michael S. Maloney
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Defendant: McIntyre Brothers, LLC
Represented By: Mark E. Roth
Represented By: Michael S. Maloney
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