Keys v. Kees et al
| Darryl Keys |
| Nancy Kees, Safety National Casualty Corp. and John Does 1-5 |
| 2:2023cv00171 |
| November 10, 2023 |
| US District Court for the Southern District of Mississippi |
| Halil S Ozerden |
| Bradley W Rath |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 17 MEMORANDUM IN SUPPORT re #16 Response to Motion, filed by Safety National Casualty Corp. (Holland, James) |
| Filing 16 RESPONSE to Motion re #10 MOTION to Remand and for Stay of Proceedings Pending Remand Decision MOTION to Stay Proceedings filed by Safety National Casualty Corp. (Attachments: #1 Exhibit A - The Safety National Policy, #2 Exhibit B - First Amended Complaint in Hinds County, #3 Exhibit C - Agreed Order of Dismissal of Safety National in the Hinds County)(Holland, James) |
| Filing 15 MEMORANDUM in Opposition re #7 MOTION to Dismiss Nancy Kees' Motion to Dismiss & Memorandum Supporting Motion to Dismiss filed by Darryl Keys (Brinkley, Taylor) |
| Filing 14 RESPONSE in Opposition re #7 MOTION to Dismiss Nancy Kees' Motion to Dismiss & Memorandum Supporting Motion to Dismiss filed by Darryl Keys (Brinkley, Taylor) |
TEXT ONLY ORDER granting Joint Motion #13 for Extension of Time to File Response and Reply as to Defendant Nancy Kees' Motion #7 to Dismiss. Plaintiff Darryl Keys' Response to Defendant Nancy Kees' Motion #7 to Dismiss is now due on or before January 8, 2024, and any Reply is due on or before January 16, 2024. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on December 20, 2023. (ENW)
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| DOCKET ANNOTATION as to #13 : Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (LDR) |
| Filing 13 Joint MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss Nancy Kees' Motion to Dismiss & Memorandum Supporting Motion to Dismiss Joint Motion for Extension by Nancy Kees (Attachments: #1 Attachment Draft Proposed Order)(Pulvere, Graham) |
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TEXT ONLY ORDER granting as unopposed Defendant Safety National Casualty Corp.'s #12 Motion for Extension of Time to File a Response to Plaintiff's #10 Motion to Remand and for Stay of Proceedings Pending Remand Decision. Defendant Safety National Casualty Corp.'s Response to Plaintiff's #10 Motion is now due on or before January 8, 2024. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on December 15, 2023. (ENW)
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| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Remand and for Stay of Proceedings Pending Remand Decision MOTION to Stay Proceedings by Safety National Casualty Corp. (Holland, James) |
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TEXT ONLY ORDER Cancelling Hearing: Pursuant to the TEXT ONLY ORDER STAYING DISCOVERY, the Telephonic Case Management Conference set for 1/23/2024 before Magistrate Judge Bradley W. Rath, is hereby CANCELLED. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 12/12/2023 (AB)
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TEXT ONLY ORDER STAYING DISCOVERY. Pursuant to Local Uniform Civil Rule 16(b)(1)(B), the attorney conference, disclosure requirements, and all discovery are stayed, pending ruling on Plaintiff's Motion to Remand #10 . NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 12/11/2023 (HM)
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| Filing 11 MEMORANDUM in Support re #10 MOTION to Remand, MOTION to Stay Proceedings Pending Remand Decision filed by Darryl Keys (Brinkley, Taylor) |
| Filing 10 MOTION to Remand, MOTION to Stay Proceedings Pending Remand Decision by Darryl Keys (Brinkley, Taylor). |
| **ERROR DISREGARD DUPLICATE ENTRY** DOCKET ANNOTATION as to #7 : Memorandum in support should be filed separately and shown as a related document to the motion (Court's Administrative Procedures for Electronic Case Filing Sec. 3.A.7). Attorney is directed to file the Memorandum as a separate document and link it to the appropriate document. (CS) Modified on 12/7/2023 (CS). |
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TEXT ONLY ORDER striking Defendant Nancy Kees' combined Motion #6 to Dismiss and Supporting Memorandum, and deeming timely Kees' Motion #7 to Dismiss and Memorandum #8 . After the Clerk entered a Docket Annotation directing Kees to file her supporting Memorandum separately in accordance with the Court's Administrative Procedures for Electronic Case Filing, she filed a second Motion #7 to Dismiss and separate Memorandum #8 . Kees' first Motion #6 violates Local Uniform Civil Rule 7(b)(2)(B) because it exceeds four pages and contains legal arguments and citations to case law, and it is also duplicative of her subsequent Motion #7 and Memorandum #8 . See Mot. #6 ; Mot. #7 ; Mem. #9 ; L.U. Civ. R. 7(b)(2)(B). Kees' first Motion #6 is therefore stricken, and the Court will deem her second Motion #7 and Memorandum #8 timely filed. Plaintiff's Response to Kees' second Motion #7 to Dismiss is due on or before December 19, 2023, and any Rebuttal is due in accordance with Local Uniform Civil Rule 7(b)(4). NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on December 6, 2023. (ENW)
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| Filing 9 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 1/23/2024 at 9:00 AM before Magistrate Judge Bradley W. Rath. (AB) |
| Filing 8 MEMORANDUM in Support re #7 MOTION to Dismiss Nancy Kees' Motion to Dismiss & Memorandum Supporting Motion to Dismiss Nancy Kees' Memorandum Supporting Motion to Dismiss filed by Nancy Kees (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - Plaintiff's Amended Complaint, #3 Exhibit C - Order)(Pulvere, Graham) |
| DOCKET ANNOTATION as to #7 : Memorandum brief filed as an exhibit. Memoranda in support should be filed separately and shown as a related document to the motion (Court's Administrative Procedures for Electronic Case Filing Sec. 3.A.7). Attorney is directed to file the Memorandum as a separate document and link it to the appropriate document. (LDR) |
| Filing 7 MOTION to Dismiss Nancy Kees' Motion to Dismiss & Memorandum Supporting Motion to Dismiss by Nancy Kees (Attachments: #1 Attachment Memorandum Supporting Motion to Dismiss, #2 Exhibit A - Policy, #3 Exhibit B - Pltf's Amended Complaint, #4 Exhibit C - Order)(Pulvere, Graham) |
| DOCKET ANNOTATION as to #6 : Memoranda in support should be filed separately and shown as a related document to the motion (Court's Administrative Procedures for Electronic Case Filing Sec. 3.A.7). Attorney is directed to file the Memorandum as a separate document and link it to the appropriate document. (LDR) |
| Filing 6 **STRICKEN FROM THE RECORD PURSUANT TO TEXT ONLY ORDER ENTERED 12/6/2023** MOTION to Dismiss Nancy Kees' Motion to Dismiss and Supporting Memorandum by Nancy Kees (Attachments: #1 Exhibit A - Safety National Policy, #2 Exhibit B - Plaintiff's Amended Complaint, #3 Exhibit C - Order)(Pulvere, Graham) Modified on 12/6/2023 (LDR). |
| Filing 5 ANSWER to Complaint by Safety National Casualty Corp..(Holland, James) |
| Filing 4 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal,,, by Safety National Casualty Corp. (Holland, James) |
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TEXT ONLY ORDER granting Unopposed Motions for Extensions #3 #4 . Defendants' responsive pleading deadline is now 12/1/23. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 11/20/23 (HM)
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| DOCKET ANNOTATION as to #3 : Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (LDR) |
| Filing 3 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal,,, Motion for Extension by Nancy Kees (Attachments: #1 Proposed Order)(Pulvere, Graham) |
| Filing 2 Joinder in Document by Nancy Kees to #1 Notice of Removal,,, filed by Safety National Casualty Corp. (Pulvere, Graham) |
| Filing 1 NOTICE OF REMOVAL by Safety National Casualty Corp. from Circuit Court of Lamar County, Mississippi, case number 37CI1:23-cv-90-PH. ( Filing fee $ 402 receipt number AMSSDC-5265372) 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 1 - State Court File, #2 Exhibit 2 - First Amended Complaint, #3 Exhibit 3 - Order of Dismissal, #4 Civil Cover Sheet)(LDR) |
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