Volunteer Pastilles L L C v. Certain Underwriters at Lloyds London et al
| Volunteer Pastilles L L C |
| H D I Global Specialty S E, Steadfast Insurance Co, General Security Indemnity Co of Arizona, Indian Harbor Insurance Company, Old Republic Union Insurance Co, Certain Underwriters at Lloyd's London, QBE Specialty Insurance Company, Safety Specialty Insurance Co, Lexington Insurance Company, United Specialty Insurance Co, Certain Underwriters at Lloyds London, Indian Harbor Insurance Co, Q B E Specialty Insurance Co and Lexington Insurance Co |
| Patrick A Juneau, Jr and Cade Richard Cole |
| 2:2021cv01894 |
| June 30, 2021 |
| US District Court for the Western District of Louisiana |
| James D Cain |
| Kathleen Kay |
| Insurance |
| 09 U.S.C. § 0201 |
| None |
Docket Report
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This docket was last retrieved on August 23, 2021. A more recent docket listing may be available from PACER.
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Filing 30
ELECTRONIC ORDER granting #29 Motion to Continue. The hearing on the #6 Motion to Compel set for 8/26/2021 is hereby TERMINATED. The parties are instructed to contact the court to reset the matter in the event that their mediation is not successful. Signed by Judge James D Cain, Jr on 8/23/2021. (crt,Higgins, M)
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| Filing 29 Joint MOTION to Continue Hearing on Defendants' Motion to Compel Arbitration and Stay the Proceedings with consent by General Security Indemnity Co of Arizona, Indian Harbor Insurance Co, Lexington Insurance Co, Old Republic Union Insurance Co, Q B E Specialty Insurance Co, Safety Specialty Insurance Co, Steadfast Insurance Co, United Specialty Insurance Co, Volunteer Pastilles L L C. Motion Ripe Deadline set for 8/23/2021. (Attachments: #1 Proposed order)(aty,Mount, Sean) Modified on 8/23/2021 to edit text (Jones, P). |
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Filing 28
ELECTRONIC ORDER denying #25 Motion to Consolidate Cases. The court is set to hear the motion to compel arbitration in this case on Thursday; a decision on that motion might render the other case moot. Consolidating the two cases, on the other hand, might complicate the briefing and hearing schedule for this matter. Accordingly, the motion is DENIED. Signed by Judge James D Cain, Jr on 8/23/2021. (crt,Higgins, M)
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| Filing 27 CORRECTIVE DOCUMENT entitled Certificate of Opposition to Motion to Consolidate filed by General Security Indemnity Co of Arizona, Indian Harbor Insurance Co, Lexington Insurance Co, Old Republic Union Insurance Co, Q B E Specialty Insurance Co, Safety Specialty Insurance Co, Steadfast Insurance Co, United Specialty Insurance Co regarding #25 MOTION to Consolidate Case with Case Number 21-cv-2552 . (aty,Mount, Sean) |
| Filing 26 NOTICE of Deficiency to Sean Patrick Mount on behalf of General Security Indemnity Co of Arizona, Indian Harbor Insurance Co, Lexington Insurance Co, Old Republic Union Insurance Co, Q B E Specialty Insurance Co, Safety Specialty Insurance Co, Steadfast Insurance Co, United Specialty Insurance Co regarding #25 MOTION to Consolidate Case with Case Number 21-cv-2552. Reason: You do not indicate whether opposing counsel consent to the granting of this ex parte motion. Please refer to LR7.4.1, 7.6, or 7.9 for specific instructions regarding statements of consent. The motion cannot be referred to chambers until this deficiency is corrected. (crt,Jones, P) |
| Filing 25 MOTION to Consolidate Case with Case Number 21-cv-2552 by General Security Indemnity Co of Arizona, Indian Harbor Insurance Co, Lexington Insurance Co, Old Republic Union Insurance Co, Q B E Specialty Insurance Co, Safety Specialty Insurance Co, Steadfast Insurance Co, United Specialty Insurance Co. Motion Ripe Deadline set for 8/18/2021. (Attachments: #1 Memorandum / Brief, #2 Exhibit A - Petition to Compel Arbitration and Stay Litigation, #3 Proposed order)(Attorney Sean Patrick Mount added to party General Security Indemnity Co of Arizona(pty:dft))(aty,Mount, Sean) Modified on 8/19/2021 to edit text and indicate consent/opposition not within document, waiting for certificate to be filed (Jones, P). Modified on 8/20/2021 to indicate deficiency (Jones, P). Modified on 8/20/2021 to remove deficiency and indicate SEE #27 Certificate of Opposition (Jones, P). |
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Filing 24
ELECTRONIC ORDER granting #23 Motion for Joinder of Additional Defendants to #6 Motion to Compel, Motion to Stay. Signed by Judge James D Cain, Jr on 8/10/2021. (crt,Higgins, M)
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| Filing 23 MOTION for Joinder of Additional Insurer Defendants to Motion to Compel Arbitration and Stay Proceedings re #6 MOTION to Compel Arbitration and Motion to Stay Proceedings MOTION to Stay by Old Republic Union Insurance Co, Safety Specialty Insurance Co, Steadfast Insurance Co, United Specialty Insurance Co. Motion Ripe Deadline set for 8/9/2021. (Attorney Sean Patrick Mount added to party Old Republic Union Insurance Co, Safety Specialty Insurance Co, Steadfast Insurance Co, United Specialty Insurance Co(pty:dft))(aty,Mount, Sean) Modified on 8/9/2021 to edit text (Jones, P). |
| Filing 22 SUPPLEMENTAL REPLY re #6 MOTION to Compel Arbitration and Motion to Stay Proceedings MOTION to Stay filed by Indian Harbor Insurance Co, Lexington Insurance Co, Q B E Specialty Insurance Co. (crt,Crick, S) |
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Filing 21
ELECTRONIC ORDER granting #19 Motion for Leave to File; granting #10 Motion for Hearing. The clerk is directed to file the proposed supplemental reply into the record. A hearing on the #6 Motion to Compel and Motion to Stay is set for 8/26/2021 at 02:00 PM in Lafayette, Courtroom 4 before Judge Cain. Signed by Judge James D Cain, Jr on 8/5/2021. (crt,Higgins, M)
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Filing 20
ORDER: Considering the foregoing Notice of Fed. R. Civ. P. 41(a) Dismissal Without Prejudice: IT IS ORDERED that Plaintiff, VOLUNTEER PASTILLES, is hereby granted a dismissal of his Complaint against two Defendants, CERTAIN UNDERWRITERS AT LLOYDS, LONDON SUBSCRIBING TO POLICY NUMBER AMR-60163-03 AND HDI GLOBAL SPECIALTY SE without prejudice, reserving Plaintiffs rights against all other defendants Signed by Judge James D Cain, Jr on 8/3/2021. (crt,Benoit, T)
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| Filing 19 MOTION for Leave to File Supplemental Reply Brief on Motion to Compel Arbitration and Motion to Stay Proceedings with consent sought but not yet obtained by Indian Harbor Insurance Co, Lexington Insurance Co, Q B E Specialty Insurance Co. Motion Ripe Deadline set for 8/3/2021. (Attachments: #1 Proposed order, #2 Proposed pleading)(Attorney Bryce M Addison added to party Indian Harbor Insurance Co, Lexington Insurance Co, Q B E Specialty Insurance Co(pty:dft))(aty,Addison, Bryce) Modified on 8/3/2021 to edit text (Jones, P). |
| Filing 18 CORPORATE DISCLOSURE STATEMENT by Volunteer Pastilles L L C. (aty,Watson, Wells) |
| Filing 17 SUPPLEMENTAL MEMORANDUM in Opposition re #6 MOTION to Compel Arbitration and Motion to Stay Proceedings MOTION to Stay filed by Volunteer Pastilles L L C. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(crt,Jones, P) |
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Filing 16
ELECTRONIC ORDER granting #13 Motion for Leave to File Supplemental Memorandum. The clerk is directed to file the proposed pleading into the record. Signed by Judge James D Cain, Jr on 8/2/2021. (crt,Higgins, M)
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| Filing 15 REPLY to Response to Motion re #6 MOTION to Compel Arbitration and Motion to Stay Proceedings MOTION to Stay filed by Certain Underwriters at Lloyds London, Indian Harbor Insurance Co, Lexington Insurance Co, Q B E Specialty Insurance Co. (aty,Addison, Bryce) |
| Filing 14 MEMORANDUM in Opposition re #10 MOTION for Hearing re #9 Memorandum in Opposition to Motion, filed by Certain Underwriters at Lloyds London, Indian Harbor Insurance Co, Lexington Insurance Co, Q B E Specialty Insurance Co. (aty,Addison, Bryce) |
| Filing 13 MOTION for Leave to File #12 Proposed Supplemental Memorandum in Opposition with consent sought but not yet obtained by Volunteer Pastilles L L C. Motion Ripe Deadline set for 7/28/2021. (Attachments: #1 Proposed order)(aty,Watson, Wells) Modified on 7/28/2021 to add document relation and edit text (Jones, P). |
| Filing 12 PROPOSED SUPPLEMENTAL MEMORANDUM in Opposition re #6 MOTION to Compel Arbitration and Motion to Stay Proceedings MOTION to Stay filed by Volunteer Pastilles L L C. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(aty,Watson, Wells) Modified on 7/28/2021 to indicate proposed SEE #13 Motion for Leave (Jones, P). |
| Filing 11 VOLUNTARY MOTION to Dismiss by Volunteer Pastilles L L C against Certain Underwriters at Lloyd's London Subscribing to Policy Number AMR-60163-03 and H D I Global Specialty S E only (Attachments: #1 Proposed order)(aty,Watson, Wells) Modified on 7/28/2021 to capture more accurate event and edit text (Jones, P). |
| Set/Reset Deadlines as to #11 Motion to Dismiss/Joint or Voluntary. Motion Ripe Deadline set for 7/28/2021. (crt,Jones, P) |
| Filing 10 MOTION for Hearing re #6 MOTION to Compel, by Volunteer Pastilles L L C. Motion Ripe Deadline set for 7/22/2021. (Attachments: #1 Proposed order)(aty,Watson, Wells) Modified on 7/23/2021 to correct document relation (Jones, P). |
| Filing 9 MEMORANDUM in Opposition re #6 MOTION to Compel Arbitration and Motion to Stay Proceedings MOTION to Stay filed by Volunteer Pastilles L L C. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(aty,Watson, Wells) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by Certain Underwriters at Lloyds London, Indian Harbor Insurance Co, Lexington Insurance Co, Q B E Specialty Insurance Co identifying Corporate Parent QBE Insurance Group, Ltd. for Q B E Specialty Insurance Co; Corporate Parent American International Group Inc, Corporate Parent Fairfax Financial Holdings Ltd, Corporate Parent Axis Capital Holdings Ltd, Corporate Parent Enstar Group Ltd, Corporate Parent Brit U W Ltd, Corporate Parent Hiscox Ltd, Corporate Parent Sompo Holdings Inc, Corporate Parent Tokio Marine Underwriting Ltd, Corporate Parent Apollo Partners L L P, Corporate Parent Hannover Ruck S E, Corporate Parent Haftpflichtverband der Deutschen Industrie V a G, Corporate Parent Asta Capital Ltd, Corporate Parent Beazley Furlonge Holdings Ltd, Corporate Parent PartnerRe Ltd, Corporate Parent S A Meacock & Company Limited, Corporate Parent Beasley plc, Corporate Parent AXA XL, Corporate Parent QBE Insurance, Corporate Parent SCOR SE, Corporate Parent Lancashire Holdings Limited, Corporate Parent SCOR Underwriting Limited for Certain Underwriters at Lloyds London; Corporate Parent XL Reinsurance of America, Inc. for Indian Harbor Insurance Co; Corporate Parent Lexington Insurance Co for Lexington Insurance Co. (aty,Mount, Sean) |
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Filing 7
ELECTRONIC ORDER re #6 MOTION to Compel Arbitration and Motion to Stay Proceedings MOTION to Stay filed by Q B E Specialty Insurance Co, Indian Harbor Insurance Co, Lexington Insurance Co, Certain Underwriters at Lloyds London, Set Deadlines/Hearing as to #6 MOTION to Compel Arbitration and Motion to Stay Proceedings MOTION to Stay :( Responses due by 7/22/2021, Replies due by 7/29/2021.). Signed by Judge James D Cain, Jr on 7/12/2021. (crt,Petrofes, T)
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| Motions Transferred regarding #6 MOTION to Compel Arbitration and Motion to Stay Proceedings MOTION to Stay. Motions referred to Judge James D Cain, Jr. (crt,Bunting, M) |
| Filing 6 MOTION to Compel Arbitration and MOTION to Stay Proceedings by Certain Underwriters at Lloyds London, Indian Harbor Insurance Co, Lexington Insurance Co, Q B E Specialty Insurance Co. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 7/9/2021. (Attachments: #1 Exhibit Exhibit A - policy, #2 Exhibit Exhibit B - letter, #3 Memorandum / Brief Memorandum in Support, #4 Proposed order proposed Order)(aty,Mount, Sean). Added MOTION to Stay on 7/9/2021 (Bunting, M). Modified to add additional relief requested on 7/9/2021 (Bunting, M). Modified on 8/10/2021 to indicate Joined by Old Republic Union Insurance Co, Safety Specialty Insurance Co, Steadfast Insurance Co, United Specialty Insurance Co per 24 Order (Jones, P). |
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Filing 5
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Judge James D Cain, Jr on 7/2/2021. (crt,Benoit, T)
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| Filing 4 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal, sent to Talbot Michael Quinn, Sean Patrick Mount on behalf of Certain Underwriters at Lloyds London, Indian Harbor Insurance Co, Lexington Insurance Co, Q B E Specialty Insurance Co. Corporate Disclosure Statement due by 7/15/2021. (crt,Jones, P) |
| Filing 3 PROPOSED REMOVAL ORDER Referred to Judge James D Cain, Jr. Motion Ripe Deadline set for 7/1/2021. (crt,Jones, P) |
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Filing 2
CASE MANAGEMENT ORDER NO. 1. Signed by Judge James D Cain, Jr on 1/22/2021. (Attachments: #1 Exhibit A, #2 Exhibit B)(crt,Jones, P)
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| Filing 1 NOTICE of Removal from 14th JDC, Calcasieu Parish, Case Number 2021-1835 (Filing fee $402, receipt number ALAWDC-4723407) filed by Q B E Specialty Insurance Co, Indian Harbor Insurance Co, Certain Underwriters at Lloyds London, Lexington Insurance Co. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil cover sheet, #4 Certificate of Filing of State Court Record, #5 Certificate of Compliance, #6 List of Attorneys and Parties in State Court Action)(Attorney Sean Patrick Mount added to party Certain Underwriters at Lloyds London, Indian Harbor Insurance Co, Lexington Insurance Co, Q B E Specialty Insurance Co(pty:dft))(aty,Mount, Sean) (Attachment 3 replaced on 6/30/2021) (Jones, P). Modified on 6/30/2021 to edit text (Jones, P). |
| CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Kathleen Kay. (crt,Jones, P) |
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