Benoit Ford L L C et al v. Lexington Insurance Co et al
| Benoit Ford LLC, Benoit Nissan, LLC, Benoit Ford L L C and Benoit Nissan L L C |
| Lexington Insurance Co, North American Capacity Insurance Co, Peleus Insurance Co, Allied World Specialty Insurance Co, Brown & Brown Insurance Inc and Brown & Brown of Louisiana L L C |
| 2:2022cv06024 |
| November 18, 2022 |
| US District Court for the Western District of Louisiana |
| James D Cain |
| Kathleen Kay |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| Defendant |
Docket Report
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Filing 41
ELECTRONIC ORDER granting #39 Motion for Extension of Time to File Response/Reply re #39 Unopposed MOTION for Extension of Time to File Response/Reply as to #32 MOTION to Dismiss For Failure to State a Claim, #32 MOTION to Dismiss For Failure to State a Claim Responses due by 1/27/2023 Replies due by 2/3/2023.. Signed by Judge James D Cain, Jr on 1/13/2023. (crt,Petrofes, T)
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Filing 40
ORDER granting #36 Motion to Enroll as Counsel. Added as counsel Connor Charles Headrick,Conner L Dillon for Benoit Ford L L C and Benoit Nissan L L C. Signed by Magistrate Judge Kathleen Kay on 1/12/2023. (crt,Jones, P)
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| Motions Transferred regarding #39 Unopposed MOTION for Extension of Time to File Response/Reply as to #32 MOTION to Dismiss For Failure to State a Claim. Motions referred to Judge James D Cain, Jr. (crt,Miletello, A) |
| Filing 39 Unopposed MOTION for Extension of Time to File Response/Reply as to #32 MOTION to Dismiss For Failure to State a Claim by Benoit Ford L L C, Benoit Nissan L L C. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 1/11/2023. (Attachments: #1 Proposed order)(aty,Taylor, B) Modified docket text on 1/12/2023 (Miletello, A). |
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Filing 38
ELECTRONIC ORDER granting #37 Motion for Extension of Time to File Response/Reply re #37 Joint MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss For Failure to State a Claim. The Court advises counsel to review the Standing Order on the Western District Of Louisiana website. All motions for extensions of time must be filed 2 days in advance, not on the date the motion is due. Responses due by 1/20/2023 Replies due by 1/27/2023.. Signed by Judge James D Cain, Jr on 1/9/2023. (crt,Petrofes, T)
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| Filing 37 Joint MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss For Failure to State a Claim by Benoit Ford L L C, Benoit Nissan L L C, Allied World Specialty Insurance Co. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 1/6/2023. (Attachments: #1 Proposed order)(aty,Taylor, B) Modified on 1/6/2023 to add filer (Miletello, A). |
| Motions Transferred regarding #37 Joint MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss For Failure to State a Claim. Motions referred to Judge James D Cain, Jr. (crt,Miletello, A) |
| Filing 36 MOTION for Connor C. Headrick and Conner L. Dillon to Enroll as Counsel by Benoit Ford L L C, Benoit Nissan L L C. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 12/30/2022. (Attachments: #1 Proposed order)(aty,Taylor, B) |
| Filing 35 NOTICE of Motion Setting without oral argument regarding: #32 MOTION to Dismiss For Failure to State a Claim. Motions referred to Judge James D Cain, Jr. Motion day set for 2/22/2023 before Judge James D Cain Jr. (crt,Miletello, A) |
| Filing 34 CORRECTIVE DOCUMENT entitled Motion to Dismiss for Failure to State a Claim filed by North American Capacity Insurance Co, Peleus Insurance Co regarding #32 MOTION to Dismiss For Failure to State a Claim . (Attachments: #1 Memorandum / Brief, #2 Exhibit A - Cyber Policy)(aty,Weaver, Mary) Modified docket text on 12/28/2022 (Miletello, A). |
| Filing 33 NOTICE of Deficiency to Mary E Weaver on behalf of North American Capacity Insurance Co, Peleus Insurance Co regarding #32 MOTION to Dismiss For Failure to State a Claim. Reason: For attorneys admitted pro hac vice, signature or endorsement of local counsel is required. (crt,Miletello, A) |
| Filing 32 MOTION to Dismiss For Failure to State a Claim by North American Capacity Insurance Co, Peleus Insurance Co. (Attachments: #1 Memorandum / Brief, #2 Exhibit A - Policy)(aty,Weaver, Mary) Modified on 12/27/2022 to reflect as deficient (Miletello, A). Modified on 12/28/2022 to remove deficiency, see #34 Corrective Document (Miletello, A). |
| Filing 31 ANSWER to Complaint with Jury Demand by Brown & Brown of Louisiana L L C.(aty,Gibson, James) |
| Filing 30 NOTICE of Voluntary Dismissal as to Brown & Brown Insurance Inc Pursuant to FRCP 41 (a)(1)(A)(i) by Benoit Ford L L C, Benoit Nissan L L C (aty,Taylor, B) Modified docket text on 12/20/2022 (Miletello, A). |
| Filing 29 RESPONSE TO REMOVAL ORDER by Allied World Specialty Insurance Co . (Attachments: #1 Exhibit A State Court Pleadings)(aty,Gamm, Taylor) |
| Filing 28 NOTICE of Motion Setting without oral argument regarding: #27 MOTION to Dismiss For Failure to State a Claim. Motions referred to Judge James D Cain, Jr. Motion day set for 1/25/2023 before Judge James D Cain Jr. (crt,Miletello, A) |
| Filing 27 MOTION to Dismiss For Failure to State a Claim by Allied World Specialty Insurance Co. (Attachments: #1 Memorandum / Brief, #2 Exhibit A, Policy)(aty,Gamm, Taylor) Modified docket text on 12/16/2022 (Miletello, A). |
| Filing 26 ANSWER to Complaint by Lexington Insurance Co.(aty,Bergeron, Nicholas) |
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Filing 25
ORDER granting #19 Motion to Appear Pro Hac Vice for appearance of Mary E Weaver for North American Capacity Insurance Co, Mary E Weaver for Peleus Insurance Co. Signed by Magistrate Judge Kathleen Kay on 12/14/2022. (crt,Whitener, M)
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Filing 24
ORDER granting #18 Motion to Appear Pro Hac Vice for appearance of Matthew W Beato for North American Capacity Insurance Co, Matthew W Beato for Peleus Insurance Co. Signed by Magistrate Judge Kathleen Kay on 12/14/2022. (crt,Whitener, M)
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Filing 23
ORDER granting #17 Motion for Extension of Time to Answer. North American Capacity Insurance Co answer due 12/23/2022; Peleus Insurance Co answer due 12/23/2022. Signed by Magistrate Judge Kathleen Kay on 12/14/2022. (crt,Jones, P)
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| Filing 22 CORPORATE DISCLOSURE STATEMENT by North American Capacity Insurance Co identifying Other Affiliate Swiss Reinsurance Co Ltd, Other Affiliate Swiss Re Ltd, Other Affiliate Swiss Re Corporate Solutions America Insurance Corporation, Other Affiliate SR Corporate Solutions America Holding Corporation, Other Affiliate Swiss Re Corporate Solutions Holding Company Ltd for North American Capacity Insurance Co. (aty,Ieyoub, Christopher) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT by Peleus Insurance Co identifying Corporate Parent Colony Insurance Co, Other Affiliate Argo Group International Holdings Ltd for Peleus Insurance Co. (aty,Ieyoub, Christopher) |
| Filing 20 NOTICE of Corporate Disclosure Statement Requirement re: #17 Motion for Extension of Time to File Answer sent to Christopher P Ieyoub on behalf of North American Capacity Insurance Co, Peleus Insurance Co. Corporate Disclosure Statement due by 12/27/2022. (crt,Crick, S) |
| Filing 19 MOTION for Mary E. Weaver to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5393902) by North American Capacity Insurance Co, Peleus Insurance Co. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 12/12/2022. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Ieyoub, Christopher) |
| Filing 18 MOTION for Matthew W. Beato to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5393891) by North American Capacity Insurance Co, Peleus Insurance Co. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 12/12/2022. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Ieyoub, Christopher) |
| Filing 17 MOTION for Extension of Time to File Answer with consent by North American Capacity Insurance Co, Peleus Insurance Co. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 12/12/2022. (Attachments: #1 Proposed order)(Attorney Christopher P Ieyoub added to party North American Capacity Insurance Co(pty:dft), Attorney Christopher P Ieyoub added to party Peleus Insurance Co(pty:dft))(aty,Ieyoub, Christopher) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT by Brown & Brown Insurance Inc identifying Corporate Parent Brown & Brown, Inc. for Brown & Brown Insurance Inc. (aty,Gibson, James) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT by Brown & Brown of Louisiana L L C identifying Corporate Parent Bb F1 Holding 2, Corporate Parent Brown & Brown, Inc., Corporate Parent Axiom Re, LP, Corporate Parent Brown & Brown of Florida,Inc. for Brown & Brown of Louisiana L L C. (aty,Gibson, James) |
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Filing 14
ORDER granting #12 Motion for Extension of Time to Answer. Brown & Brown Insurance Inc answer due 12/23/2022; Brown & Brown of Louisiana L L C answer due 12/23/2022. Signed by Magistrate Judge Kathleen Kay on 12/8/2022. (crt,Jones, P)
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| Filing 13 NOTICE of Corporate Disclosure Statement Requirement sent to James H Gibson on behalf of Brown & Brown Insurance Inc, Brown & Brown of Louisiana L L C. Corporate Disclosure Statement due by 12/13/2022. (crt,Chavis, J) |
| Filing 12 MOTION for Extension of Time to File Answer with consent by Brown & Brown Insurance Inc, Brown & Brown of Louisiana L L C. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 11/23/2022. (Attachments: #1 Proposed order)(aty,Gibson, James) |
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Filing 11
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Kathleen Kay on 11/23/2022. (crt,Miletello, A)
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Filing 10
ORDER granting #5 Motion for Extension of Time to Answer. Allied World Specialty Insurance Co answer due 12/16/2022. Signed by Magistrate Judge Kathleen Kay on 11/23/2022. (crt,Miletello, A)
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Filing 9
ORDER granting #3 Motion for Extension of Time to Answer. Lexington Insurance Co answer due 12/16/2022. Signed by Magistrate Judge Kathleen Kay on 11/23/2022. (crt,Miletello, A)
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| Filing 8 PROPOSED REMOVAL ORDER. Referred to Magistrate Judge Kathleen Kay. Motion Ripe Deadline set for 11/22/2022. (crt,Miletello, A) |
| Filing 7 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal sent to James H Gibson on behalf of Brown & Brown Insurance Inc and Brown & Brown of Louisiana L L C. Corporate Disclosure Statement due by 12/6/2022. (crt,Miletello, A) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by Allied World Specialty Insurance Co identifying Corporate Parents Allied World Assurance Holdings U S Inc, Allied World Assurance Holdings Ireland Ltd, O C M Goldfish Inc, A W Underwriters Inc, Allied World Insurance Co, Allied World Assurance Company Ltd, Allied World Assurance Co Holdings I Ltd, Allied World Assurance Co Holdings Ltd, 1102952 B C Unlimited Liability Co, Fairfax Financial Holdings Ltd, O M E R S Administration Corp for Allied World Specialty Insurance Co. (aty,Gamm, Taylor) Modified docket text on 11/22/2022 (Miletello, A). |
| Filing 5 MOTION for Extension of Time to File Answer with consent by Allied World Specialty Insurance Co. Motion Ripe Deadline set for 11/21/2022. (Attachments: #1 Rule 7.9 Certificate, #2 Proposed order)(aty,Gamm, Taylor) Modified docket text on 11/22/2022 (Miletello, A). |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Lexington Insurance Co identifying Corporate Parent AIG Property Casualty U.S., Inc, Corporate Parent AIG Property Casualty Inc, Corporate Parent American International Group, Inc. for Lexington Insurance Co. (aty,Siegel, Robert) |
| Filing 3 MOTION for Extension of Time to File Answer with consent by Lexington Insurance Co. Motion Ripe Deadline set for 11/21/2022. (Attachments: #1 Proposed order)(Attorney Robert I Siegel added to party Lexington Insurance Co(pty:dft))(aty,Siegel, Robert) Modified docket text on 11/22/2022 (Miletello, A). |
| STATE COURT Service Returned Executed. Allied World Specialty Insurance Co answer due 11/25/2022. ADMINISTRATIVE ENTRY: The PDF image can be found in Attachment #2 to Document #1, Notice of Removal. (crt,Miletello, A) |
| CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Kathleen Kay. Motions referred to Magistrate Judge Kathleen Kay. (crt,Miletello, A) |
| Filing 2 NOTICE to Adverse Parties by Allied World Specialty Insurance Co, Brown & Brown of Louisiana L L C, Brown & Brown Insurance Inc (aty,Gamm, Taylor) Modified on 11/22/2022 to add filers and modify docket text (Miletello, A). |
| Filing 1 NOTICE of Removal from 30th JDC Vernon Parish, Case Number 101500 (Filing fee $402, receipt number ALAWDC-5372319) filed by Allied World Specialty Insurance Co, Brown & Brown of Louisiana L L C, Brown & Brown Insurance Inc. (Attachments: #1 Civil cover sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C-L, #5 Exhibit M-R)(Attorney Taylor Lauren Gamm added to party Allied World Specialty Insurance Co(pty:dft))(aty,Gamm, Taylor) Modified on 11/22/2022 to add filers and modify docket text (Miletello, A). |
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