Spine Imaging MRI, L.L.C. v. Liberty Mutual Insurance Company et al
Plaintiff: |
Spine Imaging MRI, L.L.C. |
Defendant: |
Liberty Mutual Insurance Company, Allstate Insurance Company and American Family Mutual Insurance Company |
Counter Claimant: |
Liberty Mutual Insurance Company |
Counter Defendant: |
Spine Imaging MRI, L.L.C. |
Case Number: |
0:2009cv01963 |
Filed: |
July 28, 2009 |
Court: |
US District Court for the District of Minnesota |
Office: |
DMN Office |
County: |
Ramsey |
Presiding Judge: |
Boylan |
Presiding Judge: |
Tunheim |
Nature of Suit: |
Other |
Cause of Action: |
28 U.S.C. § 1332 Diversity-Other Contract |
Jury Demanded By: |
Both |
Available Case Documents
The following documents for this case are available for you to view or download:
Date Filed |
Document Text |
January 9, 2012 |
Filing
241
ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Motions to Consolidate byLiberty Mutual Fire Insurance Company, Allstate Insurance Company, Country Mutual Insurance Company, Dr. William Ford, and Northstar Radiology [Docket No. 224 (for 09-cv-1963) and Docket No. 54 (for 10-cv-480)] are DENIED. (Written Opinion). Signed by Judge John R. Tunheim on January 9, 2012. Associated Cases: 0:09-cv-01963-JRT-AJB, 0:11-cv-00262-JRT-AJB(HAM)
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August 22, 2011 |
Filing
216
MEMORANDUM OPINION AND ORDER (1) Granting Spine Imaging's 117 Motion to Dismiss/General and/or Strike Defendant Allstate Insurance Company's Counterclaim. Allstate's counter claim for attorneys' fees and costs is dismissed without prejudice. (2) Granting in part and denying in part Spine Imaging's 119 Motion to Dismiss/General Defendant Liberty Mutual Fire Insurance Co mpany's Amended Counterclaims. Motion is granted as to Counterclaims I, II, and V as alleged against Liberty in defendant Liberty Mutual Fire Insurance Company's 126 Answer and Counterclaim and Third Party Complaint. Counterclaim s I, II, and V as alleged against Liberty are dismissed. The motion is denied in all other respects. (3) Granting in part and denying in part Third-Party Defendants William Ford and Northstar Radiology Corporation, P.A.'s 140 Motion to Dismiss/General Third Party Complaint.Motion is granted as to Count V in defendant Liberty Mutual Fire Insurance Company's 126 Answer and Counterclaim and Third-Party Complaint. Count V is d ismissed. The motion is denied in all other respects. (4) Granting in part and denying in part Third-Party Defendants Eduardo Bullon, Hans Michal Castro, Central Medical Clinic, LLC, and Alfonso Morales-U trilla's 142 Motion to Dismiss/General Third Party Complaint. Motion is granted as to Count V in defendant Liberty Mutual Fire Insurance Company's 126 Answer and Counterclaim and Third Party Complaint. Count V is dismissed. The motion is denied in all other respects. (5) Denying American Family Mutual Insurance Company's 181 Motion for Summary Judgment. Defendant American Family Mutual Insurance Company is dismissed without prejudice. (6) Denying American Family Mutual Insurance Company's 198 Motion for Sanctions (Written Opinion). Signed by Judge John R. Tunheim on August 22, 2011. (DML)
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September 30, 2010 |
Filing
98
MEMORANDUM OPINION AND ORDER (1) Granting in part and denying in part defendant Allstate's 34 Motion to Dismiss for Lack of Jurisdiction. Motion is granted as to the issue of Spine Imaging's sta nding to bring claims for breach of contract as alleged in Count I and unjust enrichment as alleged in Count III. Those claims, as alleged against Allstate, are dismissed without prejudice. Defendant Allstates motion is denied in all other respects. (2) Granting in part and denying in part defendant American Family's 40 Motion to Dismiss Under Rule 12. Motion is granted as to the issue of Spine Imaging's standing to bring claims for breach of contract as alleged in Count I and unjust enrichment as alleged in Count III. Those claims, as alleged against American Family, are dismissed without prejudice. American Family's motion is denied in all other respects. (3) Spine Imaging may file an amended complaint within 30 days of the filing of this Order addressing the inadequacies discussed in Memorandum. Spine Imaging is directed to respond to the Court's inquiry into the citizenship of Spine Imaging, L.L.C.'s membe rs. (4) Granting in part and denying in part Spine Imaging's 67 Motion to Dismiss Liberty Mutual Fire Insurance Company's Counterclaims. Motion is granted as to Count II because Liberty has failed to plead its fraud claim w ith particularity. That claim is dismissed without prejudice. Spine Imaging's motion is denied in all other respects. (5) Liberty may file an amended complaint within 30 days of the filing of this Order addressing the inadequacies discussed in Memorandum.(Written Opinion). Signed by Judge John R. Tunheim on September 30, 2010. (DML)
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November 19, 2009 |
Filing
77
ORDER re 75 Stipulation filed by Liberty Mutual Insurance Company. Defendant Liberty Mutual Fire Insurance Company shall file and serve its response to Plaintiff's motion to dismiss Defendant's counterclaims on or before December 23, 2009 and Plaintiff shall file and serve its reply on or before January 8, 2010.(Written Opinion). Signed by Judge John R. Tunheim on November 19, 2009. (HAM)
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October 7, 2009 |
Filing
54
ORDER re 49 Stipulation to Establish Uniform Briefing Schedule and for Plaintiff to File a Consolidated Response in Opposition to Defendants Motions to Dismiss with the Court. Spine Imagings consolidated response in opposition to defendants motions to dismiss shall be filed with the Court on or before October 19, 2009. Defendants replies in support of their motions to dismiss shall be filed with the Court on or before October 30, 2009.(Written Opinion). Signed by Judge John R. Tunheim on October 7, 2009. (HAM)
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October 6, 2009 |
Filing
50
ORDER re 48 Stipulation of Dismissal filed by Wilson Mutual Insurance Company. IT IS HEREBY ORDERED that all claims by and between Plaintiff Spine Imaging and Defendant Wilson Mutual Insurance Company are DISMISSED WITH PREJUDICE pursuant to the terms of their stipulation, without damages, costs, disbursements, interest, or attorneys fees to any of the Parties. (Written Opinion). Signed by Judge John R. Tunheim on October 6, 2009. (HAM)
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