Gold Coast Commodities, Inc. v. Travelers Insurance Company
| Gold Coast Commodities, Inc. |
| Travelers Insurance Company and Travelers Casualty and Surety Company of America |
| 3:2022cv00207 |
| April 20, 2022 |
| US District Court for the Southern District of Mississippi |
| Kristi H Johnson |
| Tom S Lee |
| Michael T Parker |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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ELECTRONIC RECORD ON APPEAL ACCEPTED : The Court of Appeals has accepted the Electronic Record on Appeal and it is available for attorney access and download at #http://http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf using credentials provided to you by the Clerk of that Court. COUNSEL MUST HAVE AN APPEARANCE FORM ON FILE. If you have not filed it and/or have just filed it, please allow 3-5 days for processing. Requirements: Java 1.7, Adobe Acrobat Reader 11, turn off pop up blockers or add CM/ECF filing system to approved pop up settings. Pro Se Parties should request the record from the Clerks Office. (VM)
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Certified and Transmitted Record on Appeal to US Court of Appeals re #40 Notice of Appeal. Waiting on acceptance from USCA. Parties will be notified once the record has been accepted. (VM)
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Filing 42
ORDER of USCA as Appellee's motion to amend caption to Defendant's legal name "Travelers Casualty and Surety Company of America is GRANTED. (Attachments: #1 USCA Letter)(VM)
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Filing 41
USCA Case Number 23-60087 for #40 Notice of Appeal, filed by Gold Coast Commodities, Inc. Waiting on acceptance from USCA. Parties will be notified once the record has been accepted. (VM)
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Filing 40
NOTICE OF APPEAL as to #33 Order on Motion for Partial Summary Judgment,, Order on Motion for Judgment on the Pleadings,,, #39 Order on Motion to Alter Judgment, #34 Judgment by Gold Coast Commodities, Inc.. Filing fee $ 505, receipt number AMSSDC-5052542. (Wade, Cherie) Modified on 2/24/2023 (VM).
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Filing 39
ORDER denying #35 Motion to Alter Judgment Signed by District Judge Tom S. Lee on 01/25/2023 (CP)
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Filing 38
REPLY to Response to Motion re #35 MOTION to Alter Judgment #34 Judgment filed by Gold Coast Commodities, Inc. (Wade, Cherie)
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Filing 37
RESPONSE in Opposition re #35 MOTION to Alter Judgment #34 Judgment filed by Travelers Insurance Company (Fazio, Adrienne)
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Filing 36
MEMORANDUM in Support re #35 MOTION to Alter Judgment #34 Judgment filed by Gold Coast Commodities, Inc. (Wade, Cherie)
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Filing 35
MOTION to Alter Judgment #34 Judgment by Gold Coast Commodities, Inc. (Wade, Cherie)
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Filing 34
JUDGMENT - it is ordered and adjudged that the complaint in this cause is dismissed with prejudice. Signed by District Judge Tom S. Lee on 12/5/2022 (VM)
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Filing 33
ORDER granting #19 Motion for Partial Summary Judgment; denying #21 and #23 Motions for Judgment on the Pleadings, and ordering that summary judgment is entered for defendant Travelers. A separate judgment will be entered in accordance with Rule 58 of the Federal Rules of Civil Procedure. Signed by District Judge Tom S. Lee on 12/05/2022 (CP)
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Filing 32
REPLY to Response to Motion re #23 Motion for Judgment on the Pleadings as to Duty to Defend against City of Jackson Complaint filed by Gold Coast Commodities, Inc. (Wade, Cherie)
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Filing 31
REPLY to Response to Motion re #21 Motion for Judgment on the Pleadings as to Duty to Defend against City of Brandon Complaint filed by Gold Coast Commodities, Inc. (Wade, Cherie)
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Filing 30
RESPONSE to Motion re #26 Response in Opposition to Motion FOR PARTIAL SUMMARY JUDGMENT filed by Travelers Insurance Company (Fazio, Adrienne)
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Filing 29
RESPONSE in Opposition re #23 Motion for Judgment on the Pleadings AS TO DUTY TO DEFEND AGAINST CITY OF JACKSON COMPLAINT filed by Travelers Insurance Company (Fazio, Adrienne)
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Filing 28
RESPONSE in Opposition re #21 Motion for Judgment on the Pleadings AS TO DUTY TO DEFEND AGAINST CITY OF BRANDON COMPLAINT filed by Travelers Insurance Company (Fazio, Adrienne)
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Filing 27
MEMORANDUM in Opposition re #19 Motion for Partial Summary Judgment filed by Gold Coast Commodities, Inc. (Wade, Cherie)
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Filing 26
RESPONSE in Opposition re #19 Motion for Partial Summary Judgment filed by Gold Coast Commodities, Inc. (Wade, Cherie)
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TEXT ONLY ORDER granting #25 unopposed Motion for Extension of Time to File ResponseS. Gold Coast's response date to the motion for #19 partial summary judgment is reset to October 24, 2022. Traveler's response date to #21 Motion for Judgment on the Pleadings and #23 Motion for Judgment on the Pleadings is reset to October 27, 2022. Signed by District Judge Tom S. Lee on October 18, 2022. NO FURTHER WRITTEN ORDER TO ENTER. (DCL)
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Filing 25
Unopposed MOTION for Extension of Time to File Response/Reply as to #19 Motion for Partial Summary Judgment, #21 Motion for Judgment on the Pleadings, #23 Motion for Judgment on the Pleadings by Gold Coast Commodities, Inc. (Wade, Cherie)
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Filing 24
MEMORANDUM in Support re #23 MOTION for Partial Summary Judgment regarding Duty to Defend Against the City of Jackson Complaint filed by Gold Coast Commodities, Inc. (Wade, Cherie)
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Filing 23
MOTION for Partial Judgment on the Pleadings regarding Duty to Defend Against the City of Jackson Complaint by Gold Coast Commodities, Inc. (Attachments: #1 Exhibit A - The Policy of Insurance [Doc. 12-1], #2 Exhibit B - City of Jackson Complaint [Doc. 12-3], #3 Exhibit C - City of Jackson First Amended Complaint [Doc. 12-4], #4 Exhibit D - Travelers June 25, 2021, Denial Letter [Doc. 12-5], #5 Exhibit E - Travelers June 19, 2022, Second Denial Letter)(Wade, Cherie) Modified on 10/3/2022 to correct motion type (PKS).
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Filing 22
MEMORANDUM in Support re #21 MOTION for Partial Summary Judgment regarding Duty to Defend Against the City of Brandon Complaint filed by Gold Coast Commodities, Inc. (Wade, Cherie)
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Filing 21
MOTION for Partial Judgment on the Pleadings regarding Duty to Defend Against the City of Brandon Complaint by Gold Coast Commodities, Inc. (Attachments: #1 Exhibit A - Policy of Insurance [Doc. 12-1], #2 Exhibit B - City of Brandon Complaint [Doc. 12-2], #3 Exhibit C - Travelers July 19, 2018, Denial Letter, #4 Exhibit D - Travelers June 25, 2021, Denial Letter [Doc. 12-5], #5 Exhibit E - Travelers July 19, 2022, Denial Letter)(Wade, Cherie) Modified on 10/3/2022 to correct motion type (PKS).
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Filing 20
MEMORANDUM in Support re #19 MOTION for Summary Judgment filed by Travelers Insurance Company (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Fazio, Adrienne)
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Filing 19
MOTION for Partial Summary Judgment by Travelers Insurance Company (Fazio, Adrienne) Modified on 9/30/2022 to reflect correct event, Motion for Partial Summary Judgment (KNS).
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DOCKET ANNOTATION as to #19 : Incorrect event selected. Court staff corrected to reflect correct event. (KNS)
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Docket Annotation as to Doc. #20 : 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. Attorney is advised to follow this rule in future filings. (VM)
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Filing 18
NOTICE of Appearance by Anna Kathleen Rush on behalf of Gold Coast Commodities, Inc. (Rush, Anna)
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Filing 17
CASE MANAGEMENT ORDER: The parties do not consent; Disclosures due by 7/8/2022; Dispositive Motions due by 10/3/2022; the parties shall file a written request for a scheduling conference, if needed, within 21 days of the court's decision on the duty to defend; discovery is stayed pending further order. Signed by Magistrate Judge Michael T. Parker on June 30, 2022 (KPM)
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Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephonic Case Management Conference held on 6/30/2022. A case management order will be entered. PARTICIPANTS: Andy Taggart for plaintiff; Adrienne Fazio and Jeff Price for defendant. (KPM)
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Filing 16
NOTICE of Service of Travelers Casualty and Surety Company of America's Initial Disclosures Disclosure by Travelers Insurance Company (Price - PHV, Jeffrey)
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Filing 15
***ERROR***DISREGARD THIS ENTRY***NOTICE of Service of Travelers Casualty and Surety Company of America's Initial Disclosures by Travelers Insurance Company (Price - PHV, Jeffrey) Modified on 6/23/2022 (KNS).
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Filing 14
NOTICE of Service of Initial Disclosure by Gold Coast Commodities, Inc. (Wade, Cherie)
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Filing 13
ANSWER to #12 Amended Complaint, by Travelers Insurance Company.(Price - PHV, Jeffrey)
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DOCKET ANNOTATION as to #15 : Incorrect event chosen. This document should have been docketed as a Notice of Disclosure. Attorney is directed to refile selecting the correct event, Notice of Disclosure. (KNS)
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DOCKET ANNOTATION as to #13 : Attorney is advised to use NORTHERN division name in future filings. (KNS)
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Rule 16(a) order mailed to Jeffrey S. Price - PHV (KPM)
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Filing 12
AMENDED COMPLAINT FOR DECLARATORY RELIEF against Travelers Insurance Company, filed by Gold Coast Commodities, Inc.. (Attachments: #1 Exhibit A-Gold Coast_Travelers Policy-, #2 Exhibit B-City of Brandon Complaint, #3 Exhibit C-City of Jackson- Complaint, #4 Exhibit D-City of Jackson- First Amended Complaint, #5 Exhibit E-Travelers Denial letter)(Wade, Cherie)
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TEXT ONLY ORDER granting #11 Motion to Appear Pro Hac Vice. Jeffrey S. Price is hereby admitted pro hac vice upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on June 9, 2022 (KPM)
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Filing 11
MOTION for Jeffrey S. Price to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4856057) by Travelers Insurance Company (Attachments: #1 Exhibit Court Admissions, #2 Attachment Certificate of Good Standing)(Fazio, Adrienne)
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Filing 10
AGREED ORDER granting Ore Tenus Motion to Amend. Signed by Magistrate Judge Michael T. Parker on June 6, 2022. (Attachments: #1 Exhibit Proposed Amended Complaint) (js)
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Ore Tenus MOTION to Amend by Gold Coast Commodities, Inc. Plaintiff submitted a proposed second amended complaint to the Court. (js)
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Filing 9
Rule 16(a) Initial Order: Telephonic Case Management Conference set for 6/30/2022 10:30 AM before Magistrate Judge Michael T. Parker. Counsel shall dial 1.888.273.3658, code 1055457 to connect to the call. Confidential settlement memoranda are due on or before 6/23/22. (KPM)
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Filing 8
ANSWER to Complaint by Travelers Insurance Company.(Fazio, Adrienne)
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DOCKET ANNOTATION as to #8 : Attorney is advised to include the judge assignment TSL-MTP and Northern Division name on future filed pleadings. (KNS)
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Filing 7
NOTICE of Filing Notice of and Petition for Removal by Travelers Insurance Company re #1 Notice of Removal,, (Attachments: #1 Exhibit Ex 1)(Fazio, Adrienne)
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DOCKET ANNOTATION as to #7 : 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. Attorney is advised to follow this rule in future filings. (KNS)
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Filing 6
AMENDED COMPLAINT for Declaratory Judgment against Travelers Insurance Company, filed by Gold Coast Commodities, Inc..(Wade, Cherie)
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Filing 5
Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal,, by Travelers Insurance Company (Attachments: #1 Exhibit Proposed Order)(Fazio, Adrienne)
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Filing 4
Corporate Disclosure Statement by Travelers Insurance Company identifying Corporate Parent The Travelers Companies, Inc. for Travelers Insurance Company. (Fazio, Adrienne)
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DOCKET ANNOTATION as to #s #4 and #5 : Attorney is advised to include the judge assignment TSL-MTP on future filed pleadings. Additionally, as to Doc. 5, 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.). (KNS)
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TEXT ONLY ORDER granting #5 Unopposed Motion for Extension of Time to Answer. Travelers Insurance Company's responsive pleading is due 5/11/2022. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on April 27, 2022 (KPM)
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Filing 3
Corporate Disclosure Statement by Gold Coast Commodities, Inc. (Wade, Cherie)
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Filing 2
ORDER OF RECUSAL. District Judge Kristi H. Johnson recused. Case reassigned to District Judge Tom S. Lee for all further proceedings. Signed by District Judge Kristi H. Johnson on 4/21/2022 (VM)
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Attorneys are advised to include the case number and new judge assignment of 3:22-cv-207-TSL-MTP on future filed pleadings. (VM)
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Filing 1
NOTICE OF REMOVAL by Travelers Insurance Company from Circuit Court of Rankin County, Mississippi, case number 22-78. (Filing fee $402 receipt number AMSSDC-4818908) 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 - Complaint and Summons, #2 Civil Cover Sheet)(VM)
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