James River Insurance Company v. Impact Strategies et al
| James River Insurance Company |
| Impact Strategies, Inc., Fenix Construction Company of St. Louis and Matt Stuby |
| 4:2009cv01979 |
| December 3, 2009 |
| U.S. District Court for the Eastern District of Missouri |
| M Office |
| St. Louis - City |
| Charles A Shaw |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgment |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 16, 2010. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 51 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that defendant Impact Strategies, Inc.s motion to dismiss this case on the basis of Wilton/Brillhart abstention is GRANTED to the extent the Court will abstain from this case, and the matter is hereby STAYED. [Doc. 34]. IT IS FURTHER ORDERED that James River Insurance Companys motion for summary judgment is DENIED without prejudice. [Doc. 38]IT IS FURTHER ORDERED that the Clerk of the Court shall administrative close this case, which may be reopened on the motion of any party. Any motion to reopen shall include a statement of all relevant proceedings that have occurred in the Underlying Suit. re: #38 MOTION for Summary Judgment filed by Plaintiff James River Insurance Company, #34 MOTION to Dismiss Case Based on the Federal Abstention Doctrine filed by Defendant Impact Strategies, Inc. Signed by Honorable Charles A. Shaw on 3/16/10. (JWJ) |
| Filing 50 ANSWER to Second Amended Complaint #32 for Declaratory Judgment by Matt Stuby.(NCL) |
| Filing 49 Docket Text ORDER re: Doc. #48 , MOTION for Leave to File Answer to Second Amended Complaint Out of Time, filed by Defendant Matt Stuby; ORDERED GRANTED. The Clerk of the Court shall detach and docket defendant Stuby's Answer, which was submitted as an attachment to the motion for leave. IT IS FURTHER ORDERED that the Order of March 3, 2010 (Doc. 33), which directed plaintiff to seek default against defendant Stuby, is vacated. Signed by Honorable Charles A. Shaw on March 15, 2010. (SMH) |
| Filing 48 MOTION for Leave to File Answer to Second Amended Complaint Out of Time by Defendant Matt Stuby. (Attachments: #1 Answer to Second Amended Complaint for Declaratory Judgment)(Nelson, David) |
| Filing 47 ANSWER to #32 Amended Complaint, by Matt Stuby. (Attachments: # 1 Motion for Leave to File Answer to Second Amended Complaint Out of Time)(Nelson, David) DOCUMENT FILED INCORRECTLY. ATTORNEY CONTACTED AND INSTRUCTED TO RE FILE DOCUMENT CORRECTLY. DOCUMENT DELETED. Modified on 3/15/2010 (NCL). |
| Filing 46 ENTRY of Appearance by David C. Nelson for Defendant Matt Stuby. (Nelson, David) |
| Filing 45 WAIVER OF SERVICE Returned Executed filed by James River Insurance Company Fenix Construction Company of St. Louis waiver signed on 12/29/2009, answer due 3/1/2010. (Moss, Elaine) |
| Filing 44 REPLY to Response to Motion re #34 MOTION to Dismiss Case Based on the Federal Abstention Doctrine filed by Defendant Impact Strategies, Inc.. (Bruegger, John) |
| Filing 43 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Fenix Construction Company of St. Louis. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Murray, Robert) |
| Filing 42 AFFIDAVIT of Todd Roth by Plaintiff James River Insurance Company. (Moss, Elaine) |
| Filing 41 MEMORANDUM in Opposition re #34 MOTION to Dismiss Case Based on the Federal Abstention Doctrine filed by Plaintiff James River Insurance Company. (Moss, Elaine) |
| Filing 40 STATEMENT of Material Facts re #38 MOTION for Summary Judgment filed by Plaintiff James River Insurance Company. (Moss, Elaine) |
| Filing 39 MEMORANDUM in Support of Motion re #38 MOTION for Summary Judgment filed by Plaintiff James River Insurance Company. (Moss, Elaine) |
| Filing 38 MOTION for Summary Judgment by Plaintiff James River Insurance Company. (Moss, Elaine) |
| Filing 37 ENTRY of Appearance by Thomas A. Durphy for Defendant Fenix Construction Company of St. Louis. (Durphy, Thomas) |
| Filing 36 ENTRY of Appearance by Robert F. Murray for Defendant Fenix Construction Company of St. Louis. (Murray, Robert) |
| Filing 35 MEMORANDUM in Support of Motion re #34 MOTION to Dismiss Case Based on the Federal Abstention Doctrine filed by Defendant Impact Strategies, Inc.. (Bruegger, John) |
| Filing 34 MOTION to Dismiss Case Based on the Federal Abstention Doctrine by Defendant Impact Strategies, Inc.. (Attachments: #1 Exhibit A)(Bruegger, John) |
Filing 33
ORDER - Upon review of the Court file, the Court notes there has been no activity in this action with respect to defendant Matt Stuby since the filing of the waiver of service of summons on defendant Stuby on February 19, 2010. The waiver was mailed to defendant on December 29, 2009....Accordingly IT IS HEREBY ORDERED that plaintiff shall, within fourteen(14) days of the date of this order, file a motion for entry of default by the Clerk of the Court under Federal Rule of Civil Procedure 55(a) and, if approprate, a motion for default judgment under Rule 55(b), supported by all necessary affidavits and documentation, as well as proposed orders for the Court's consideration. Failure to comply with this order may result in dismissal of the claims against defendant Stuby without prejudice. Response to Court due by 3/17/2010.. Signed by Honorable Charles A. Shaw on 3/3/2010. (MRC)
|
| Filing 32 SECOND AMENDED COMPLAINT FOR DECLARATORY JUDGMENT against defendant Fenix Construction Company of St. Louis, Impact Strategies, Inc., Matt Stuby Jury Demand demand,, filed by James River Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(JWJ) |
|
ORDER RECEIPT: (see receipt) Docket No: 33. Order mailed/faxed to parties not electronically notified. Wed Mar 3 09:16:43 CST 2010 (Crayton, Michele)
|
| Filing 31 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion for leave to file a Second Amended Complaint is GRANTED. [Doc. 19] IT IS FURTHER ORDERED that the Clerk of the Court shall detach and docket the Second Amended Complaint and exhibits thereto, which was submitted as an attachment toplaintiffs motion for leave. IT IS FURTHER ORDERED that defendant Impact Strategies, Inc.s motion to dismiss is DENIED as moot, without prejudice. [Doc. 15] IT IS FURTHER ORDERED that plaintiffs motion for summary judgment is DENIED as moot, without prejudice. [Doc. 20] IT IS FURTHER ORDERED that defendant Impact Strategies, Inc.s motions to strike and to expedite ruling are DENIED as moot. [Docs. 28, 30]. Signed by Honorable Charles A. Shaw on 3/2/10. (JWJ) |
| Filing 30 MOTION to Expedite Ruling by Defendant Impact Strategies, Inc.. (Bruegger, John) |
| Filing 29 MEMORANDUM in Support of Motion re #28 MOTION to Strike #20 MOTION for Summary Judgment or, in the Alternative, Motion for Extension of Time to Respond filed by Defendant Impact Strategies, Inc.. (Bruegger, John) |
| Filing 28 MOTION to Strike #20 MOTION for Summary Judgment or, in the Alternative, Motion for Extension of Time to Respond by Defendant Impact Strategies, Inc.. (Bruegger, John) |
| Filing 27 REPLY to Response to Motion re #19 MOTION for Leave to File Second Amended Complaint for Declaratory Judgment filed by Plaintiff James River Insurance Company. (Moss, Elaine) |
| Filing 26 RESPONSE in Opposition re #19 MOTION for Leave to File Second Amended Complaint filed by Defendant Impact Strategies, Inc.. (Bruegger, John) |
| Filing 25 REPLY to Response to Motion re #15 MOTION to Dismiss Case Based on Federal Abstention Doctrine filed by Defendant Impact Strategies, Inc.. (Bruegger, John) |
| Filing 24 WAIVER OF SERVICE Returned Executed filed by James River Insurance Company Matt Stuby waiver signed on 12/29/2009, answer due 3/1/2010. (Moss, Elaine) |
|
ORDER RECEIPT: (see receipt) Docket No: 17. forwarded to those parties not electronically notified. Thu Feb 18 16:59:55 CST 2010 (NCL).
|
| Filing 23 AFFIDAVIT re #20 MOTION for Summary Judgment of Clay Phillips by Plaintiff James River Insurance Company. (Moss, Elaine) |
| Filing 22 STATEMENT of Material Facts re #20 MOTION for Summary Judgment filed by Plaintiff James River Insurance Company. (Moss, Elaine) |
| Filing 21 MEMORANDUM in Support of Motion re #20 MOTION for Summary Judgment filed by Plaintiff James River Insurance Company. (Moss, Elaine) |
| Filing 20 MOTION for Summary Judgment by Plaintiff James River Insurance Company. (Attachments: #1 Exhibit A - insurance policy -, #2 Exhibit B - underlying Complaint, #3 Exhibit C - Defendant Fenix's Motion to Dismiss, #4 Exhibit D - underlying First Amended Complaint, #5 Exhibit E - IMpact's Third-Party Complaints)(Moss, Elaine) |
| Filing 19 MOTION for Leave to File Second Amended Complaint by Plaintiff James River Insurance Company. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit A - Policy - Second Amended Complaint, #3 Exhibit B - First Amended Complaint in Underlying Suit - Second Amended Complaint, #4 Exhibit C - letter to Fenix - Second Amended Complaint, #5 Exhibit D - demand for defense - Second Amended Complaint, #6 Exhibit E - General Liablity Loss Notice - Second Amended Complaint, #7 Exhibit F - Defendant Fenix's Motion to Dismiss - Second Amended Complaint, #8 Exhibit G - Impact's Third-Party Complaints in Underlying Action - Second Amended Complaint)(Moss, Elaine) |
| Filing 18 MEMORANDUM in Opposition re #15 MOTION to Dismiss Case Based on Federal Abstention Doctrine filed by Plaintiff James River Insurance Company. (Moss, Elaine) |
| Filing 17 Docket Text ORDER: IT IS HEREBY ORDERED that defendant Impact Strategies shall provide the Court with a paper courtesy copy of its motion to dismiss and memorandum in support, as required by the undersigned's Judge's Requirements. See http://www.moed.uscourts.gov/judges/cas.html. Signed by Honorable Charles A. Shaw on February 17, 2010. (SMH) |
| Filing 16 MEMORANDUM in Support of Motion re #15 MOTION to Dismiss Case filed by Defendant Impact Strategies, Inc.. (Bruegger, John) |
| Filing 15 MOTION to Dismiss Case by Defendant Impact Strategies, Inc.. (Attachments: #1 Exhibit A)(Bruegger, John) |
| Filing 14 ENTRY of Appearance by John A. Bruegger for Defendant Impact Strategies, Inc.. (Bruegger, John) |
| Filing 13 NOTICE OF PROCESS SERVER by Plaintiff James River Insurance Company Process Server: Dahlberg & Associates (Moss, Elaine) |
| Filing 12 MEMORANDUM to Court by Plaintiff James River Insurance Company. (Attachments: #1 Summons Alias Summons)(Moss, Elaine) |
| Filing 11 ( INCORRECT DOCUMENTS ATTACHED ATTORNEY CONTACTED AND INSTRUCTED TO REFILE )NOTICE OF PROCESS SERVER by Plaintiff James River Insurance Company Process Server: Dahlberg & Associates (Moss, Elaine) Modified on 2/10/2010 (JWJ). |
| Filing 10 ( INCORRECT DOCUMENTS ATTACHED ATTORNEY CONTACTED AND INSTRUCTED TO REFILE ) MEMORANDUM to Court by Plaintiff James River Insurance Company. (Attachments: #1 Summons Alias)(Moss, Elaine) Modified on 2/10/2010 (JWJ). |
| Filing 9 WAIVER OF SERVICE Returned Executed filed by James River Insurance Company Impact Strategies, Inc. waiver signed on 12/29/2009, answer due 3/1/2010. (MRC) |
| Filing 8 WAIVER OF SERVICE Returned Executed filed by James River Insurance Company Impact Strategies, Inc. waiver signed on 1/27/2010, answer due 3/29/2010. (Moss, Elaine) [Document entered into the record incorrectly. Attorney notified of filing error. Document will be re-entered into the record appropriately by the Clerk. Modified on 1/29/2010 (MRC).] |
| Filing 7 AMENDED COMPLAINT against defendant Impact Strategies, Inc., Fenix Construction Company of St. Louis, Matt Stuby Impact Strategies, Inc, Fenix Construction Company of St. Louis, and Matt Stuby Summons(es) issued, Jury demand, , filed by James River Insurance Company. (Attachments: #1 Exhibit A - policy, #2 Exhibit B- First Amended Complaint for underlying suit, #3 Exhibit C - tender letter, #4 Exhibit D - demand for defense, #5 Exhibit E - General Liability Loss Notice, #6 Exhibit F - Fenix Motion to Dismiss)(Moss, Elaine) |
| ***REMARK - Copies of the Court's 12/28/2009 Docket Text Orders [Document Nos. 5 and 6] mailed to parties not electronically notified. (MRC) |
| Filing 6 Docket Text ORDER re: Doc. #4 , MOTION for Leave to Appear Pro Hac Vice of Seth Jaffe, filed by James River Insurance Company; ORDERED GRANTED. Signed by Honorable Charles A. Shaw on December 28, 2009. (SMH) |
| Filing 5 Docket Text ORDER re: Doc. #3 , MOTION for Leave to Appear Pro Hac Vice of Timothy Fagan, filed by James River Insurance Company; ORDERED GRANTED. Signed by Honorable Charles A. Shaw on December 28, 2009. (SMH) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice Seth Jaffe (Filing fee $100) by Plaintiff James River Insurance Company. (JWJ) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice Timothy Fagan (Filing fee $100) by Plaintiff James River Insurance Company. (JWJ) |
| Receipt 4644011686 in the amount of $100.00 for PRO HAC VICE on behalf of Seth M. Jaffe (CCAM) |
| Receipt 4644011686 in the amount of $100.00 for PRO HAC VICE on behalf of Timothy J. Fagan (CCAM) |
| Filing 2 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Plaintiff James River Insurance CompanyParent companies: James River Insurance Group, Subsidiaries: None, Publicly held company: None,. (Moss, Elaine) |
| Filing 1 COMPLAINT for Declaratoy Judgment against all defendants. Jury Demand filed by James River Insurance Company. Receipt #0865-2073448 in the amount of $350.00. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Waiver of Service, #4 Waiver of Service, #5 Waiver of Service, #6 Exhibit A policy, #7 Exhibit B - Complaint for underlying suit, #8 Exhibit C - tender letter, #9 Exhibit D- demand for defense, #10 Exhibit E - General Liability Loss Notice, #11 Exhibit F - Fenix Motion to Dismiss)(Moss, Elaine) |
| Case Opening Notification. Waivers issued 3. Disclosure of Corporate Interest issued to deft's. Judge Assigned: Honorable Charles A. Shaw. (KLK) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Missouri Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
