First State Insurance Company v. XTRA Corporation et al
| First State Insurance Company |
| XTRA Corporation, XTRA Intermodal, Inc, X-L-Co, Inc and XTRA LLC |
| 1:2021cv11855 |
| November 15, 2021 |
| US District Court for the District of Massachusetts |
| Nathaniel M Gorton |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 36 ELECTRONIC NOTICE of ADR Conference Alternative Dispute Resolution Hearing set for 9/6/2022 10:00AM in Remote Proceeding : Boston before Senior Judge Edward F. Harrington.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. You may forward the invitation to your clients for participation in the Mediation. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Counsel and principals are ORDERED to be present and to have full settlement authority. A brief mediation memorandum addressing both the merits of the case and the filing party's settlement position should be submitted to the court via email as an attachment to tracy_mclaughlin@mad.uscourts.gov by 8/29/2022 at 12:00PM. The mediation memo should be marked "Confidential - Not for docketing" and is not to be served upon opposing parties. Counsel are asked to accommodate this date.In the event that you believe the case is not ripe for mediation at this time or the date poses a serious conflict, please file an assented to motion for consideration.(McLaughlin, Tracy) |
| Filing 35 Judge Nathaniel M. Gorton: ORDER entered. ORDER REFERRING CASE to Alternative Dispute Resolution for Mediation: September, 2022.(Lima, Christine) |
| Filing 34 Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Scheduling Conference held by telephone on 1/7/2022. Court hears brief oral arguments on #13 Motion to Change Venue and #14 Motion to Remand. Court will issue decision on the pending motions by 1/31/22. If the case survive, the following scheduling order will apply: Automatic Discovery to be completed by 2/28/22; Amendments and/or Supplements to the Pleadings due by 3/31/2022; written discovery to be served by 4/30/22, answered by 5/31/22; all fact depositions and fact Discovery to be completed by 8/31/2022; experts designated and Rule 26 Reports exchanged by 9/15/22, rebuttals by 10/14/22; expert depositions to be completed by 11/30/22; dispositive Motions due by 12/16/2022, oppositions by 1/15/23. Final Pretrial Conference set for 3/30/2023 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. Jury Trial set for 4/10/2023 09:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton. Case to be referred to Mediation program: September, 2022. (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Schneider, Parks, Vincent, Zamaloff) (Lima, Christine) |
| Filing 33 CERTIFICATION pursuant to Local Rule 16.1 . (Schneider, William) |
| Filing 32 REPLY to Response to #13 MOTION to Change Venue [Leave to File Granted 01-04-2022] filed by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC. (Vincent, Brenton) |
| Filing 31 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #27 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; granting #28 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lima, Christine) |
| Filing 30 CERTIFICATION pursuant to Local Rule 16.1 (d)(3) by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC.(Vincent, Brenton) |
| Filing 29 JOINT STATEMENT re scheduling conference . (Schneider, William) |
| Filing 28 MOTION for Leave to File Reply in Support of Motion to Transfer Venue by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC. (Attachments: #1 Exhibit 1 - Proposed Reply Brief)(Vincent, Brenton) |
| Filing 27 MOTION for Leave to File Reply in Support of Motion to Remand by First State Insurance Company.(Schneider, William) |
| Filing 26 NOTICE of Appearance by Olivia Griffin Bushman on behalf of First State Insurance Company (Bushman, Olivia) |
| Filing 25 NOTICE of Appearance by Edward Parks, II on behalf of First State Insurance Company (Parks, Edward) |
| Filing 24 MEMORANDUM in Opposition re #14 MOTION to Remand to State Court filed by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC. (Attachments: #1 Exhibit 1 - Declaration of Michael Dreller)(Vincent, Brenton) |
| Filing 23 Opposition re #13 MOTION to Change Venue Under 28 USC sect. 1404(a) filed by First State Insurance Company. (Schneider, William) |
| Filing 22 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #20 Motion for Leave to Appear Pro Hac Vice Added Edward B. Parks, II. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) |
| Filing 21 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #19 Motion for Leave to Appear Pro Hac Vice Added Olivia G. Bushman. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) |
| Filing 20 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Edward B. Parks, II Filing fee: $ 100, receipt number AMADC-9081744 by First State Insurance Company. (Attachments: #1 Exhibit A)(Schneider, William) |
| Filing 19 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Olivia G. Bushman Filing fee: $ 100, receipt number AMADC-9081705 by First State Insurance Company. (Attachments: #1 Exhibit A)(Schneider, William) |
| Filing 18 NOTICE of Appearance by Brenton Vincent on behalf of X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC (Vincent, Brenton) |
| Filing 17 STATE COURT Record X-L-Co, Inc summons served on 10/27/2021, answer due 11/17/2021; XTRA Corporation summons served on 10/27/2021, answer due 11/17/2021; XTRA Intermodal, Inc summons served on 10/27/2021, answer due 11/17/2021; XTRA LLC summons served on 10/27/2021, answer due 11/17/2021.. (Zamaloff, Matthew) |
| Filing 16 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #15 Motion for Leave to Appear Pro Hac Vice Added Brent W. Vincent. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Warnock, Douglas) |
| Filing 15 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Brent W. Vincent Filing fee: $ 100, receipt number AMADC-9078581 by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC. (Attachments: #1 Exhibit Exhibit A)(Zamaloff, Matthew) |
| Filing 14 MOTION to Remand to State Court by First State Insurance Company. (Attachments: #1 Exhibit 1)(Schneider, William) |
| Filing 13 MOTION to Change Venue by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC. (Attachments: #1 Defendants' Memorandum in Support of Motion to Transfer Venue Under 28 U.S.C. 1404(a) to the Southern District of Illinois, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3)(Zamaloff, Matthew) |
| Filing 12 NOTICE of Scheduling Conference Scheduling Conference, to be held by telephone, set for 1/7/2022 11:00 AM in Remote Proceeding : Boston before Judge Nathaniel M. Gorton. (Lima, Christine) |
| Filing 11 ANSWER to Complaint with Affirmative Defenses by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC.(Zamaloff, Matthew) |
| Filing 10 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Perez, Isabella) |
| Filing 9 ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Case randomly assigned due to 14-14010-ADB has bee closed for over two years) (Finn, Mary) |
| Filing 8 EXHIBIT re #7 Notice of Removal, Corrected Exhibit No. 4 by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC. (Sommerville, Michael) |
| Filing 7 NOTICE OF REMOVAL by X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC ( Filing fee: $ 402, receipt number AMADC-9056343 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet Civil Cover Sheet, #7 Civil Cover Sheet Category Sheet)(Sommerville, Michael) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by XTRA LLC identifying Corporate Parent Xtra Corporation, Corporate Parent XTRA Companies, Inc. for XTRA LLC.. (Sommerville, Michael) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by X-L-Co, Inc identifying Corporate Parent XTRA LLC for X-L-Co, Inc.. (Sommerville, Michael) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by XTRA Intermodal, Inc identifying Corporate Parent XTRA LLC for XTRA Intermodal, Inc.. (Sommerville, Michael) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by XTRA Corporation identifying Corporate Parent Berkshire Hathaway, Inc. for XTRA Corporation.. (Sommerville, Michael) |
| Filing 2 NOTICE of Appearance by Michael Sommerville on behalf of X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC (Cetrulo, Lawrence). Modified docket text on 11/16/2021 to correct attorney making appearance. (Perez, Isabella). |
| Filing 1 NOTICE of Appearance by Matthew J. Zamaloff on behalf of X-L-Co, Inc, XTRA Corporation, XTRA Intermodal, Inc, XTRA LLC (Cetrulo, Lawrence) Modified docket text on 11/16/2021 to correct attorney making appearance. (Perez, Isabella). |
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