Sika Investments, LLC v. RLI Corporation et al
| Sika Investments, LLC |
| EI Investments, Inc., ARI Underwriters, Inc., Mt. Hawley Insurance Company, RLI Corporation, Marsh & McLennan Agency LLC, RLI Corporation doing business as Mt. Hawley Insurance Company and Unidentified Parties |
| 2:2021cv00404 |
| February 24, 2021 |
| US District Court for the Eastern District of Louisiana |
| Martin LC Feldman |
| Ivan LR Lemelle |
| Michael North |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on May 26, 2021. A more recent docket listing may be available from PACER.
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Filing 46
ORDER AND REASONS - IT IS ORDERED that #13 Plaintiff's second motion to remand is GRANTED. This action is REMANDED to the appropriate Louisiana state court. All remaining motions are DENIED AS MOOT. Signed by Judge Martin L.C. Feldman on 5/26/2021. (Attachments: #1 Remand Letter to 24th JDC) (sa)
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Filing 45
ORDER granting #44 Motion to Substitute Attorney. Richard E. King and Jeffery B. Struckhoff of the law firm of Melchiode Marks King, LLC be and hereby are withdrawn as counsel of record for RLI Corporation d/b/a Mt. Hawley Insurance Company. IT IS FURTHER ORDERED that Seth A. Schmeeckle and Nicole M. Babb, of the law firm of Lugenbuhl, Wheaton, Peck, Rankin & Hubbard are hereby enrolled and substituted as counsel of record for RLI Corporation d/b/a Mt. Hawley Insurance Company in this matter. Signed by Judge Martin L.C. Feldman on 5/14/2021. (cwa)
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| Filing 44 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Seth A. Schmeeckle and Nicole M. Babb to be substituted in place of Richard E. King and Jeffrey B. Struckhoff by Mt. Hawley Insurance Company, RLI Corporation. (Attachments: #1 Proposed Order)Attorney Nicole M. Babb added to party Mt. Hawley Insurance Company(pty:dft), Attorney Nicole M. Babb added to party RLI Corporation(pty:dft).(Babb, Nicole) |
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Filing 43
ORDER - IT IS ORDERED that the hearing date on the plaintiff's #13 Motion to remand is hereby CONTINUED to May 26, 2021, on the papers. Signed by Judge Martin L.C. Feldman on 5/11/2021.(sa)
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Filing 42
ORDER AND REASONS - IT IS ORDERED that the defendants' request for oral argument is DENIED. Unless otherwise ordered, the #13 Second Motion to remand shall be heard on May 12, 2021, on the papers. Signed by Judge Martin L.C. Feldman on 5/7/2021.(sa)
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| Filing 41 REPLY to Response to Motion filed by Sika Investments, LLC re #13 Second MOTION to Remand to State Court . (Curtis, Martha) |
| Filing 40 Statement of Corporate Disclosure by ARI Underwriters, Inc. (Hidalgo, Jessica) |
| Filing 39 Correction of Docket Entry by Clerk re #37 Statement of Corporate Disclosure. Filing attorney did not enter the corporate parent(s) at the prompt 'Search for a corporate parent or other affiliate'. Clerk took corrective action to add corporate parents/affiliates listed in Statement. (sa) |
| Filing 38 Statement of Corporate Disclosure by EI Investments, Inc. (Teske, Christopher) |
| Filing 37 Statement of Corporate Disclosure by Marsh & McLennan Agency LLC, identifying Marsh USA, Inc., Marsh, LLC, and Marsh & McLennan Companies, Inc. (Teske, Christopher) Modified to add corporate parents/affiliates on 5/4/2021 (sa). |
| Filing 36 Supplemental Memorandum filed by EI Investments, Inc., Marsh & McLennan Agency LLC, in opposition of #13 Second MOTION to Remand to State Court . (Gravener, Laura) |
| Filing 35 Supplemental Memorandum filed by Mt. Hawley Insurance Company, in Opposition of #13 Second MOTION to Remand to State Court . (King, Richard) |
| Filing 34 Supplemental Memorandum filed by ARI Underwriters, Inc., in Opposition of #13 Second MOTION to Remand to State Court . (Attachments: #1 Exhibit)(Hidalgo, Jessica) |
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Filing 33
ORDER GRANTING #31 Motion to Appear Pro Hac Vice as to Greg K. Winslett for Mt. Hawley Insurance Company. Signed by Judge Martin L.C. Feldman on 4/30/2021. (Attachments: #1 Pro Hac Notice) (sa)
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Filing 32
ORDER GRANTING #30 Motion to Enroll as Counsel of Record for Attorney Jeffery Bryan Struckhoff for Mt. Hawley Insurance Company. Signed by Judge Martin L.C. Feldman on 4/30/2021. (sa)
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| Filing 31 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Greg K. Winslett (Filing fee $ 100 receipt number CLAEDC-8840094) by Mt. Hawley Insurance Company. (Attachments: #1 Exhibit, #2 Affidavit, #3 Exhibit, #4 Proposed Order)(King, Richard) |
| Filing 30 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Jeffery B. Struckhoff by Mt. Hawley Insurance Company, RLI Corporation. (Attachments: #1 Proposed Order)(King, Richard) |
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Filing 29
ORDER re #13 Second Motion to Remand. IT IS ORDERED that, not later than April 30, 2021, the defendants simultaneously or jointly shall file supplemental papers, not to exceed 15 pages each in length, addressing each of the issues outlined herein. IT IS FURTHER ORDERED that the plaintiff may file a reply paper not later than May 5, 2021. IT IS FURTHER ORDERED that the hearing on the plaintiff's #13 Motion to remand is hereby CONTINUED to May 12, 2021, on the papers, unless otherwise ordered. The Court reserves ruling on the defendants' request for oral argument pending submission of supplemental papers. Signed by Judge Martin L.C. Feldman on 4/23/2021.(sa)
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Filing 28
ORDER GRANTING #27 Motion for Leave to File Exhibit. IT IS ORDERED that the Motion is GRANTED, and the proposed Exhibit D will be attached to the previously filed Opposition at Doc. #26 . Signed by Judge Martin L.C. Feldman on 4/23/2021. (sa)
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| Filing 27 EXPARTE/CONSENT MOTION for Leave to File Exhibit to Substituted Opposition by ARI Underwriters, Inc.. (Attachments: #1 Proposed Order, #2 Exhibit)(Hidalgo, Jessica) |
| Filing 26 RESPONSE/MEMORANDUM in Opposition filed by ARI Underwriters, Inc. re #13 Second MOTION to Remand to State Court. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(sa) (Additional attachment(s) added on 4/23/2021: #6 Exhibit D) (sa). |
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Filing 25
ORDER GRANTING #23 Motion for Leave to Substitute Opposition. Signed by Judge Martin L.C. Feldman on 4/22/2021. (sa)
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| Filing 24 Correction of Docket Entry by Clerk re #23 MOTION to Substitute Opposition. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action. (sa) |
| Filing 23 EXPARTE/CONSENT MOTION for Leave to File Opposition to Motion to Remand by ARI Underwriters, Inc. (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Hidalgo, Jessica) Modified text/referral on 4/22/2021 (sa). |
| Filing 22 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(B)(1) by EI Investments, Inc.. Motion(s) will be submitted on 6/9/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Exhibit A, #4 Exhibit B)(Teske, Christopher) |
| Filing 21 MOTION to Dismiss for Failure to State a Claim Pursuant to Federal Rule of Civil Procedure 12(B)(6) by Marsh & McLennan Agency LLC. Motion(s) will be submitted on 6/9/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Teske, Christopher) |
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Filing 20
ORDER DENYING #15 Motion for Leave to File Excess Pages. Signed by Judge Martin L.C. Feldman on 4/21/2021. (sa)
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| Filing 19 Correction of Docket Entry by Clerk re #15 MOTION for Leave to File Excess Pages. Leave for Excess Pages is considered an "Exparte/Consent" Motion. Therefore, Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?. Exparte/Consent motions are not set for submission. Clerk has removed submission date. (sa) |
| Filing 18 Request/Statement of Oral Argument by ARI Underwriters, Inc. regarding #13 Second MOTION to Remand to State Court. (Hidalgo, Jessica) Modified text/links on 4/21/2021 (sa). |
| Filing 17 RESPONSE/MEMORANDUM in Opposition filed by EI Investments, Inc., Marsh & McLennan Agency LLC re #13 Second MOTION to Remand to State Court . (Attachments: #1 Exhibit A, #2 Exhibit B)(Teske, Christopher) |
| Filing 16 RESPONSE/MEMORANDUM in Opposition filed by Mt. Hawley Insurance Company re #13 Second MOTION to Remand to State Court . (Attachments: #1 Exhibit)(King, Richard) |
| Filing 15 EXPARTE/CONSENT MOTION for Leave to File Excess Pages by ARI Underwriters, Inc. (Attachments: #1 Notice of Submission, #2 Proposed Pleading, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Proposed Order)(Hidalgo, Jessica) Modified text/submission on 4/21/2021 (sa). |
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Filing 14
ORDER granting #12 Motion for Extension of Time to Answer as to ARI Underwriters, Inc. answer due 4/22/2021. Signed by Judge Martin L.C. Feldman on 3/26/2021. (cwa)
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| Filing 13 Second MOTION to Remand to State Court by Sika Investments, LLC. Motion(s) will be submitted on 4/28/2021. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Notice of Submission)(Curtis, Martha) |
| Filing 12 EXPARTE/CONSENT MOTION for Extension of Time to File Answer as to #1 Notice of Removal, by ARI Underwriters, Inc. (Attachments: #1 Proposed Order)(Hidalgo, Jessica) Modified text/event on 3/26/2021 (sa). |
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Filing 11
ORDER GRANTING #10 Motion for Extension of Time to Answer as to EI Investments, Inc. and Marsh & McLennan Agency LLC. IT IS ORDERED that the motion is GRANTED and that EI and Marsh shall file responsive pleadings in the above captioned matter on or before April 21, 2021. Signed by Judge Martin L.C. Feldman on 3/22/2021. (sa)
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| Filing 10 EXPARTE/CONSENT MOTION for Extension of Time to Answer by EI Investments, Inc., Marsh & McLennan Agency LLC. (Attachments: #1 Proposed Order)(Gravener, Laura) |
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Filing 9
ORDER granting #7 Motion for Extension of Time to Answer as to EI Investments, Inc. answer due 3/24/2021; Marsh & McLennan Agency LLC answer due 3/24/2021. Signed by Judge Martin L.C. Feldman on 3/4/2021. (cwa)
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| Filing 8 Correction of Docket Entry by Clerk re #7 MOTION for Extension of Time to Answer Amended Petition Under Local Rule 7.8. Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document 1. (cwa) |
| Filing 7 EXPARTE/CONSENT MOTION for Extension of Time to Answer #1 Notice of Removal, Amended Petition Under Local Rule 7.8 by EI Investments, Inc., Marsh & McLennan Agency LLC. (Attachments: #1 Proposed Order)(Teske, Christopher) Modified text/linkage on 3/3/2021 (cwa). |
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Filing 6
ORDER TRANSFERRING CASE. IT IS ORDERED that the above-captioned matter be transferred to Section F(5) of this court. Signed by Judge Ivan L.R. Lemelle on 2/26/2021.(NEF: Sections B & F; Mag 5)(pp)
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| Filing 5 NOTICE of Consent to Removal by Marsh & McLennan Agency LLC re #1 Notice of Removal. (Gravener, Laura) Modified text on 2/26/2021 (pp). |
| Filing 4 Initial Case Assignment to Judge Ivan L.R. Lemelle and Magistrate Judge Michael North. (aj) |
| Filing 3 NOTICE of Consent to Removal by Marsh & McLennan Agency re #1 Notice of Removal by Mt. Hawley Insurance Company . (King, Richard) Modified text on 2/26/2021 (pp). |
| Filing 2 NOTICE of Consent to Removal by RLI Corporation re #1 Notice of Removal by Mt. Hawley Insurance Company . (King, Richard) Modified text on 2/26/2021 (pp). |
| Filing 1 NOTICE OF REMOVAL with jury demand from 24th Judicial District Court, case number 807-143 (Filing fee $ 402 receipt number ALAEDC-8749965) filed by Mt. Hawley Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 State Court Pleadings, #3 State Court Pleadings, #4 Exhibit, #5 Exhibit)Attorney Richard E. King added to party Mt. Hawley Insurance Company(pty:dft).(King, Richard) (Attachment 1 replaced on 2/25/2021) (pp). |
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