Eley et al v. National General Insurance Co.
| David Davis and Neco Eley |
| National General Insurance Co. |
| 1:2024cv00176 |
| June 12, 2024 |
| US District Court for the Southern District of Mississippi |
| Halil S Ozerden |
| Bradley W Rath |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on August 8, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 NOTICE of Service of Plaintiffs' Rule 26 Disclosure by David Davis, Neco Eley (Chabert, Scotty) |
| Filing 12 NOTICE of Service of Pre-Discovery Disclosure by National General Insurance Co. (Radicioni, Cory) |
| Filing 11 Subpoena Returned Executed as to Rebecca Bollard, Medical Analysis. (Radicioni, Cory) |
| Filing 10 NOTICE OF INTENT TO SERVE SUBPOENA by National General Insurance Co. (Attachments: #1 Exhibit A - Bollard Subpoena)(Radicioni, Cory) |
| Filing 9 **DISREGARD**NOTICE OF INTENT TO SERVE SUBPOENA by National General Insurance Co. (Attachments: #1 Exhibit A - Bollard Subpoena)(Street, Mallory) Modified on 8/2/2024 (JCH). |
Filing 8
CASE MANAGEMENT ORDER: Disclosure due by 8/9/2024. Jury Trial set for a three week trial calendar beginning on 8/4/2025 at 9:00 AM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. Pretrial Conference set for 7/15-17/2025 at 9:00 AM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. Discovery due by 2/4/2025. Motions for Amended Pleadings due by 9/3/2024. Motions for Joinder of Parties due by 9/3/2024. Designate Experts Plaintiff Deadline due by 10/1/2024. Designate Experts for Defendant Deadline due by 11/1/2024. Motions due by 2/18/2025. Settlement Conference set for 4/23/2025 at 9:30 AM in Courtroom 683 (Gulfport) before Magistrate Judge Bradley W. Rath. ADR Report due by 7/8/2025. Proposed Pretrial Order due by 7/15/2025. EDT: 3 days. Parties do not consent. Signed by Magistrate Judge Bradley W. Rath on 8/2/2024 (AB)
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| Minute Entry for proceedings held before Magistrate Judge Bradley W. Rath: Telephonic Case Management Conference held on 8/2/2024. PARTICIPANTS: Scotty E. Chabert, Jr. (counsel for Plaintiffs); Cory L. Radicioni (counsel for Defendant). A Case Management Order will be entered. (AB) |
| DOCKET ANNOTATION as to # 9. Attorney's office notified the court that this document was filed under the incorrect login and will be re-filed. The document has been disregarded on the docket. (JCH) |
| NOTICE of Calendar Setting: For the Settlement Conference set for 4/23/2025 at 9:30 AM in Courtroom 683 (Gulfport) before Magistrate Judge Bradley W. Rath, counsel are instructed to submit to Judge Rath, seven (7) days prior to the conference, a memorandum (3 page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Rath via e-mail (rath_chambers@mssd.uscourts.gov). LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). Company policies limiting or prohibiting travel will no longer be accepted as a valid excuse for a corporate representative's failure to personally appear at the settlement conference. FAILURE TO APPEAR MAY RESULT IN SANCTIONS. (AB) |
| DOCKET ANNOTATION as to # 2, # 3, # 6, and # 7. Attorney is advised that the defendant should be named as National General Insurance Co. in all future filings. (JCH) |
| Filing 7 AMENDED NOTICE OF REMOVAL by National General Insurance Co.. Amendment to #1 Notice of Removal, (Attachments: #1 Exhibit A-State Court File, #2 Exhibit B-Corporate Disclosure Statment, #3 Exhibit C-Plaintiffs' Complaint)(Radicioni, Cory) |
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TEXT ONLY ORDER granting Defendant National General Insurance Co. leave to file its proposed Amended Notice of Removal [6-1] pursuant to 28 U.S.C. 1653 to demonstrate that the Court has subject-matter jurisdiction over this case as required by Order #5 . Plaintiffs have indicated that they have no objection to Defendant filing the Amended Notice of Removal [6-1]. The Court will therefore permit Defendant to file its proposed Amended Notice of Removal [6-1] as a separately docketed item on or before August 1, 2024. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on July 30, 2024. (ENW)
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Filing 6
Response to Order re #5 ORDER Requiring Defendant to Establish Subject-Matter Jurisdiction by July 31, 2024. Signed by District Judge Halil S. Ozerden on July 17, 2024. (BC) filed by National General Insurance Co. (Attachments: #1 Exhibit A-Amended Notice of Removal, #2 Exhibit B-Complaint, Policy, Accident Report, EUO)(Radicioni, Cory)
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Filing 5
ORDER Requiring Defendant to Establish Subject-Matter Jurisdiction by July 31, 2024. Signed by District Judge Halil S. Ozerden on July 17, 2024. (BC)
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| Filing 4 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 8/2/2024 at 9:00 AM before Magistrate Judge Bradley W. Rath. (AB) |
| Filing 3 ANSWER to Complaint with Jury Demand by National General Insurance Co..(Radicioni, Cory) |
| Filing 2 Corporate Disclosure Statement by National General Insurance Co. identifying Corporate Parent National General Managment Corp for National General Insurance Co.. (Radicioni, Cory) |
| DOCKET ANNOTATION as to # 3. Attorney is advised that this document should have been filed as an "Answer to Complaint (Notice of Removal)", which can be found under the "Other Answers" category. Attorney does not need to re-file, but should follow this procedure in the future. (JCH) |
| Filing 1 NOTICE OF REMOVAL by National General Insurance Co. from Circuit Court of Harrison Co., MS, 2nd Jud. Dist., case number A24022400072 LPD, jury demand lower court. (Filing fee $405.00, receipt number 5427444) 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 - State Court File, #2 Exhibit B - Corporate Disclosure Statement, #3 Exhibit C - Complaint, #4 Civil Cover Sheet) (RLW) |
| DOCKET ANNOTATION as to #1-2: Attorney is advised to electronically file the Corporate Disclosure Statement attached as Exhibit B (without the exhibit sticker). The Disclosure Statement should not have been attached as an exhibit. Also in the future, attorney is advised to included the defendant's name in the body of documents and above attorney's signature as it was filed in State Court, National General Insurance Co. Attorney is not required to re-file. (RLW) |
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