Chubb v. Ark-La-Tex Companies, Inc. et al
| Chubb |
| Unknown Corporate Entities N through Z, Ark-La-Tex Companies, Inc., Heil Builders, Inc. and Unknown John and Jane Does A through M |
| 1:2018cv00342 |
| October 24, 2018 |
| US District Court for the Southern District of Mississippi |
| John C Gargiulo |
| Halil S Ozerden |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 31 Acknowledgment of receipt by state court clerk of order of remand and docket sheet. (RLW) |
| Filing 30 Certified copies of Order and Docket Sheet were mailed to Circuit Court of Harrison Co., MS, 2nd Judicial District via regular us mail. (RLW) |
Filing 29
ORDER: Ordered that this case is remanded to the Circuit Court of Harrison County, Mississippi, Second Judicial District, and that a certified copy of this Order of remand shall be immediately mailed by the Clerk to the clerk of the state court. See Order for details. Signed by District Judge Halil S. Ozerden on 4/4/19. (RLW)
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| Filing 28 NOTICE of No Objection by Heil Builders, Inc. re #26 MOTION to Substitute Party (Keup, Morgan) |
| Filing 27 RESPONSE to Motion re #24 Memorandum in Support of Motion, #23 MOTION to Dismiss filed by Chubb (Patronas, Patrick) |
| Filing 26 MOTION to Substitute Party by Chubb (Attachments: #1 Exhibit A - Illinois Union's Corporate Disclosure Statement)(Patronas, Patrick) |
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Filing 25
Response to Order re #21 ORDER Requiring Response by Plaintiff Chubb. Signed by District Judge Halil S. Ozerden on February 4, 2019. (ENW) filed by Chubb (Attachments: #1 Exhibit A)(Patronas, Patrick)
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| DOCKET ANNOTATION as to #25: Advising attorney that a Response and Motion should not be combined as one document. Attorney is advised to file the same pdf document as a Motion to Substitute Party. Also, L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description (Exhibit was not described). Attorney is advised to follow this rule in future filings. (RLW) |
| Filing 24 MEMORANDUM in Support re #23 MOTION to Dismiss filed by Ark-La-Tex Companies, Inc. (Welch, James) |
| Filing 23 MOTION to Dismiss by Ark-La-Tex Companies, Inc. (Attachments: #1 Exhibit 1-1/23/19 letter, #2 Exhibit 2-LA SOS, #3 Exhibit 3-Summons, etc.)(Welch, James) |
| Filing 22 NOTICE of Appearance by William E. Whitfield, III on behalf of Ark-La-Tex Companies, Inc. (Whitfield, William) |
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Filing 21
ORDER Requiring Response by Plaintiff Chubb. Signed by District Judge Halil S. Ozerden on February 4, 2019. (ENW)
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| Filing 20 SUMMONS Returned Executed by Chubb. Ark-La-Tex Companies, Inc. served on 1/25/2019, answer due 2/15/2019. (Patronas, Patrick) |
| DOCKET ANNOTATION as to #20: Advising attorney that the #18 summons docketed by the clerk's office should not have been printed and docketed as summons returned. The summons as issued by the clerk's office with RETURN stamp should have been filed. Attorney is not required to re-file. (RLW) |
| **ERROR**Disregard this entry. DOCKET ANNOTATION as to #19: Incorrect linkage made. Response to Order should have been linked to #15 Order to Show Cause. Court staff added linkage. (RLW) Modified on 1/28/2019 (RLW). |
| DOCKET ANNOTATION as to Previous annotation re #19 : Attorney is advised to disregard this annotation. This annotation should not have been entered by court staff. (RLW) |
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Filing 19
Response to Order re #1 NOTICE OF REMOVAL by Heil Builders, Inc. from Circuit Court of Harrison County, Mississippi, case number 24C12:18cv97. ( Filing fee $ 400 receipt number 0538-3840429) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A-Harrison County Case File, #2 Exhibit B-Service Packet, #3 Civil Cover Sheet)(wld), #11 Corporate Disclosure Statement by Chubb identifying Corporate Parent Chubb for Chubb. (Patronas, Patrick), #13 MOTION for Leave to File to Amend Complaint by Chubb (Attachments: #1 Exhibit A - Amended Complaint)(Patronas, Patrick), #15 ORDER TO SHOW CAUSE. Show Cause Response due by January 25, 2019. Signed by District Judge Halil S. Ozerden on January 11, 2019. (ENW) filed by Heil Builders, Inc. (Attachments: #1 Exhibit A - NYSE, #2 Exhibit B - Corporate Governance, #3 Exhibit C - OK Charter, #4 Exhibit D - MS Application for Authority and Withdrawal, #5 Exhibit E - LA LLC, #6 Exhibit F - Application for Registration of Foreign LLC, #7 Exhibit G - TX and MD Citizenship, #8 Exhibit H - Affidavit of Scott Stevens, #9 Exhibit I - Affidavit of Toni Patterson)(Keup, Morgan)
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| Filing 18 Summons Issued as to Ark-La-Tex Companies, Inc. (RLW) |
| Filing 17 State Court Summons Returned Unexecuted by Chubb as to Ark-La-Tex Companies, Inc. (Patronas, Patrick) Modified on 1/22/2019 (RLW). |
| Filing 16 **ERROR**Disregard this entry. Summons Returned Unexecuted by Chubb as to Ark-La-Tex Companies, Inc. (Patronas, Patrick) Modified on 1/22/2019 (RLW). |
| DOCKET ANNOTATION as to #16: Attorney is advised that the incorrect document was attached. This entry will be disregarded. Attorney is advised to scan the front page of the summons, the completed proof of service and the envelope as one pdf document and re-file as summons returned unexecuted. (RLW) |
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Filing 15
ORDER TO SHOW CAUSE. Show Cause Response due by January 25, 2019. Signed by District Judge Halil S. Ozerden on January 11, 2019. (ENW)
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Filing 14
Response to Order re #12 ORDER requiring Defendant Heil Builders to file, on or before December 20, 2018, a response that properly pleads the citizenship of the parties. Signed by Magistrate Judge John C. Gargiulo on 11/26/2018 (AG) filed by Heil Builders, Inc. (Attachments: #1 Exhibit A-Chubb - Articles of Association, #2 Exhibit B-Louisiana Secretary of State Articles of Organization for Ark-La-Tex Group, LLC, #3 Exhibit C-Texas Secretary of State for Heil Builders, Inc., #4 Exhibit D-Maryland Secretary of State for Heil Builders, Inc., #5 Exhibit E-Affidavit of Scott Stevens, President of Heil Builders, Inc.)(Keup, Morgan)
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TEXT ONLY ORDER denying without prejudice #13 Motion for Leave to Amend Complaint. The proposed Amended Complaint [13-1] does not properly plead the citizenship of the parties. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 12/19/2018 (AG)
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| DOCKET ANNOTATION as to #13: Advising attorney that in the future, documents filed as exhibits must include an exhibit sticker on the document identifying each exhibit. (RLW) |
| Filing 13 MOTION for Leave to File to Amend Complaint by Chubb (Attachments: #1 Exhibit A - Amended Complaint)(Patronas, Patrick) |
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Filing 12
ORDER requiring Defendant Heil Builders to file, on or before December 20, 2018, a response that properly pleads the citizenship of the parties. Signed by Magistrate Judge John C. Gargiulo on 11/26/2018 (AG)
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| Filing 11 Corporate Disclosure Statement by Chubb identifying Corporate Parent Chubb for Chubb. (Patronas, Patrick) |
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TEXT ONLY ORDER granting #9 Motion to Appear Pro Hac Vice of James C. Gray III; granting #10 Motion to Appear Pro Hac Vice of Daniel R. Pickett. James C. Gray III and Daniel R. Pickett are admitted pro hac vice in this case on behalf of Plaintiff Chubb in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 11/8/2018 (AB)
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| Filing 10 MOTION for Daniel R. Pickett to Appear Pro Hac Vice by Chubb (Attachments: #1 Exhibit A-Certificate of Good Standing)(Patronas, Patrick) |
| Filing 9 MOTION for James C. Gray III to Appear Pro Hac Vice by Chubb (Attachments: #1 Exhibit A-Certificate of Good Standing)(Patronas, Patrick) |
| DOCKET ANNOTATION as to # 7 and # 8. 1.) Attorney is advised that the motion attached as the main document was not necessary. Only the Application for Pro Hac Admission should have been filed as the main document. 2.) This document is not signed in compliance with the court's Administrative Procedures for Electronic Case Filing Sec. 3.D.1. which pertains to both civil and criminal pleadings. All future filings should have an s/ before the attorney's name on all signature lines. 3.) L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. It is not necessary to type in the word "Exhibit" in the description box if it was already selected in the category drop-down. It duplicates the description to read "Exhibit Exhibit", which is incorrect. Attorney is advised to follow this rule in future filings. These documents do not need to be re-filed.(JCH) |
| DOCKET ANNOTATION as to # 7 and # 8. Clerk's Office entered a previous annotation in regards to these documents. Previously the documents didn't need to be re-filed. After further review, the client's name was listed incorrectly on the applications and both documents should be re-filed. These documents will be disregarded on the docket. (JCH) |
| Filing 8 **DISREGARD** MOTION for James C. Gray III to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3849182) by Chubb (Attachments: #1 Application for Pro Hac Vice, #2 Exhibit Exhibit A)(Patronas, Patrick) Modified on 11/6/2018 (JCH). |
| Filing 7 **DISREGARD** MOTION for Daniel R. Pickett to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3849121) by Chubb (Attachments: #1 Application Pro Hac Vice, #2 Exhibit Exhibit A)(Patronas, Patrick) Modified on 11/6/2018 (JCH). |
| Filing 6 ANSWER to Complaint by Heil Builders, Inc..(Keup, Morgan) |
| DOCKET ANNOTATION as to #6: Incorrect event chosen. The event code "Answer to Complaint (Notice of Removal)" should have been used. Attorney is not required to re-file. (RLW) |
| Filing 5 Corporate Disclosure Statement by Heil Builders, Inc. identifying Other Affiliate d/b/a Modu-Tech for Heil Builders, Inc.. (Copeland, Clyde) |
| Filing 4 NOTICE of Appearance by Matthew W. Vanderloo on behalf of Heil Builders, Inc. (Vanderloo, Matthew) |
| Filing 3 **DISREGARD**NOTICE of Appearance by Matthew W. Vanderloo on behalf of Heil Builders, Inc. (Vanderloo, Matthew) Modified on 10/24/2018 (JCH). |
| Filing 2 NOTICE of Appearance by Clyde X. Copeland, III on behalf of Heil Builders, Inc. (Copeland, Clyde) |
| Filing 1 NOTICE OF REMOVAL by Heil Builders, Inc. from Circuit Court of Harrison County, Mississippi, case number 24C12:18cv97. ( Filing fee $ 400 receipt number 0538-3840429) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A-Harrison County Case File, #2 Exhibit B-Service Packet, #3 Civil Cover Sheet)(wld) |
| DOCKET ANNOTATION as to # 3. This Notice of Appearance should be signed by the filing attorney, which is Matthew W. Vanderloo, on all signature lines. Also, the s/ should be typed in before the attorney's name on all signature lines. This document will be disregarded on the docket. (JCH) |
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