Unigroup, Inc. v. American Underwriting Services, LLC
Plaintiff: Unigroup, Inc.
Defendant: American Underwriting Services, LLC
Counter Defendant: Vanliner Insurance Company
Case Number: 4:2013cv00857
Filed: May 6, 2013
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: St. Louis - County
Presiding Judge: David D Noce
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1330
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 7, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 7, 2014 Opinion or Order Filing 64 ORDER OF DISMISSAL - SO ORDERED. Signed by Magistrate Judge David D. Noce on 3/7/14. (KJS)
March 6, 2014 Filing 63 STIPULATION for Dismissal With Prejudice by Plaintiff Unigroup, Inc.. (Fritz, Kevin)
February 7, 2014 Opinion or Order Filing 62 ORDER - IT IS HEREBY ORDERED that counsel shall file, within forty five (45) days of the date of this order, a stipulation for dismissal, a motion for leave to voluntarily dismiss, or a proposed consent judgment. Failure to comply timely with this order may result in the dismissal of this action with prejudice. IT IS FURTHER ORDERED that the November 17, 2014 trial date is vacated. Dismissal Paper(s) due by 3/24/2014. Signed by Magistrate Judge David D. Noce on 2/7/14. (KJS)
February 6, 2014 Filing 61 NOTICE of Settlement Memorandum to Clerk by Unigroup, Inc. (Fritz, Kevin)
November 25, 2013 Opinion or Order Filing 60 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the motion of plaintiff UniGroup, Inc. to dismiss defendant American Underwriting Services, LLCs counterclaims (Doc. #16 ) is sustained. The counterclaims of defendant American Underwriting Services, LLC are dismissed without prejudice. IT IS FURTHER ORDERED that the motions of plaintiff UniGroup, Inc. and Vanliner Insurance Company to strike (Docs. #41 , #48 ) are denied as moot to the extent that they concern defendants counterclaims in their entirety against UniGroup, Inc., and Vanliner. IT IS FURTHER ORDERED that the motions of plaintiff UniGroup, Inc. and Vanliner Insurance Company to strike (Docs. #41 , #48 ) are sustained as to the defenses of unclean hands and breach of express contract and the implied covenant of good faith and fair dealing. IT IS FURTHER ORDERED that the motions of plaintiff UniGroup, Inc. and Vanliner Insurance Company to strike (Docs. #41 , #48 ) are denied as to the defenses of impossibility, waiver, and estoppel. Signed by Magistrate Judge David D. Noce on 11/25/13. (KJS)
October 29, 2013 Filing 59 FULL CONSENT has been received by Counter Defendant Vanliner Insurance Company re: #15 Full Consent to a Magistrate. (KKS)
October 21, 2013 Filing 57 REPLY to Response to Motion re #41 MOTION to Strike #37 Counterclaim, , #48 MOTION to Strike #37 Counterclaim, Joint Reply to Defendant/Counterclaim Plaintiff American Underwriting Services, LLC's Response to Counterclaim Defendants' Motion to Strike filed by Counter Defendants Unigroup, Inc., Unigroup, Inc., Vanliner Insurance Company, Plaintiff Unigroup, Inc.. (Fritz, Kevin)
October 16, 2013 Opinion or Order Filing 56 AMENDED CASE MANAGEMENT ORDER This case is assigned to Track: 2( Motion to Join Parties due by 12/30/2013., Discovery Completion due by 7/1/2014., Dispositive Motions due by 8/1/2014., Dispositive Motion Hearing set for 9/18/2014 10:00 AM in Courtroom 17N before Magistrate Judge David D. Noce., Jury Trial set for 11/17/2014 09:00 AM in Courtroom 17N before Magistrate Judge David D. Noce., Pretrial Conference set for 11/12/2014 10:00 AM in Courtroom 17N before Magistrate Judge David D. Noce.). Signed by Magistrate Judge David D. Noce on 10/16/2013. (KMS)
October 15, 2013 Filing 55 MEMORANDUM in Support of Motion re #54 MOTION for Leave to Motion for Entry of Joint Amended Scheduling Order filed by Counter Defendants Unigroup, Inc., Unigroup, Inc., Plaintiff Unigroup, Inc.. (Fritz, Kevin)
October 15, 2013 Filing 54 MOTION for Entry of Joint Amended Scheduling Order by Counter Defendants Unigroup, Inc., Unigroup, Inc., Plaintiff Unigroup, Inc.. (Attachments: #1 Text of Proposed Order Joint Amended Scheduling Order/Discovery Plan)(Fritz, Kevin) Modified on 10/16/2013 (KMS).
October 14, 2013 Filing 53 RESPONSE to Motion re #41 MOTION to Strike #37 Counterclaim, , #48 MOTION to Strike #37 Counterclaim, filed by Counter Claimants American Underwriting Services, LLC, American Underwriting Services, LLC, Defendant American Underwriting Services, LLC. (Wiech, Christopher)
October 14, 2013 Filing 52 SUMMONS Returned Executed filed by American Underwriting Services, LLC. Vanliner Insurance Company served on 9/19/2013, answer due 10/10/2013. (Dickenson, Scott) Modified on 10/15/2013-edit date of service from 18th to 19th and edit Answer ddl from 9th to 10th; (KKS). (Additional attachment(s) added on 10/15/2013: #1 Summons Front/back page of summons) (KKS).
October 11, 2013 Opinion or Order Filing 51 Docket Text ORDER: GRANTING #44 Consent MOTION for Extension of Time to 10/14/13 to File Response as to #41 MOTION to Strike #37 Counterclaim, by Counter Claimants American Underwriting Services, LLC, American Underwriting Services, LLC, Defendant American Underwriting Services, LLC. ;. Signed by Magistrate Judge David D. Noce on 10/11/13. (KKS)
October 10, 2013 Filing 50 Counterclaim Defendant Vanliner Insurance Company's ANSWER to Complaint Defendant/Counterclaim Plaintiff American Underwriting Services, LLC's First Amended Counterclaim by Vanliner Insurance Company.(Fritz, Kevin)
October 10, 2013 Filing 49 MEMORANDUM in Support of Motion re #48 MOTION to Strike #37 Counterclaim, filed by Counter Defendant Vanliner Insurance Company. (Fritz, Kevin)
October 10, 2013 Filing 48 MOTION to Strike #37 Counterclaim, by Counter Defendant Vanliner Insurance Company. (Fritz, Kevin)
October 10, 2013 Filing 47 ENTRY of Appearance by Patrick E. Foppe for Counter Defendant Vanliner Insurance Company. (Foppe, Patrick)
October 10, 2013 Filing 46 ENTRY of Appearance by Sarah K. Cahill for Counter Defendant Vanliner Insurance Company. (Cahill, Sarah)
October 10, 2013 Filing 45 ENTRY of Appearance by Kevin L. Fritz for Counter Defendant Vanliner Insurance Company. (Fritz, Kevin)
October 3, 2013 Filing 44 Consent MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Strike #37 Counterclaim, by Counter Claimants American Underwriting Services, LLC, American Underwriting Services, LLC, Defendant American Underwriting Services, LLC. (Wiech, Christopher)
September 25, 2013 Filing 43 Plaintiff/Counterclaim Defendant UniGroup, Inc's ANSWER to FIRST AMENDED COUNTERCLAIM #37 filed by Defendant/Counterclaim Plaintiff American Underwriting Services, LLC's by Unigroup, Inc.(as assignee of Vanliner Insurance Company ), Fritz, Kevin) Modified on 9/26/2013-added link to Amended Counterclaim, edit text (KKS).
September 25, 2013 Filing 42 MEMORANDUM in Support of Motion re #41 MOTION to Strike #37 Counterclaim, filed by Counter Defendants Unigroup, Inc., Unigroup, Inc., Plaintiff Unigroup, Inc.. (Fritz, Kevin)
September 25, 2013 Filing 41 MOTION to Strike #37 Counterclaim, by Counter Defendants Unigroup, Inc., Unigroup, Inc., Plaintiff Unigroup, Inc.. (Fritz, Kevin)
September 18, 2013 Filing 40 Summons Issued as to counter defendant Vanliner Insurance Company. The summons was emailed to Scott Dickenson. (KJS)
September 17, 2013 Filing 39 NOTICE OF PROCESS SERVER by Counter Claimants American Underwriting Services, LLC, American Underwriting Services, LLC, Defendant American Underwriting Services, LLC Process Server: Rufus Harmon of Harmon Legal Process Service (Dickenson, Scott)
September 17, 2013 Filing 38 MEMORANDUM to Court requesting summons be issued upon Vanliner Insurance Company by Counter Claimants American Underwriting Services, LLC, American Underwriting Services, LLC, Defendant American Underwriting Services, LLC. (Attachments: #1 Summons)(Dickenson, Scott)
September 11, 2013 Filing 37 ANSWER TO COMPLAINT; AMENDED COUNTERCLAIM against plaintiff Unigroup, Inc. Regarding: Answer to Amended Complaint, Counterclaim #33 filed by American Underwriting Services, LLC, filed by American Underwriting Services, LLC. Related document: #33 Answer to Amended Complaint, Counterclaim filed by American Underwriting Services, LLC.(KJS)
September 11, 2013 Opinion or Order Filing 36 Docket Text ORDER: Re: #34 MOTION for Leave to Amend Counterclaim by Counter Claimants filed by American Underwriting Services, LLC; GRANTED - SO ORDERED. Signed by Magistrate Judge David D. Noce on 9/11/13. (KJS)
August 26, 2013 Filing 35 MEMORANDUM in Support of Motion re #34 MOTION for Leave to Amend Counterclaim filed by Counter Claimants American Underwriting Services, LLC, American Underwriting Services, LLC, Defendant American Underwriting Services, LLC. (Wiech, Christopher)
August 26, 2013 Filing 34 MOTION for Leave to Amend Counterclaim by Counter Claimants American Underwriting Services, LLC, American Underwriting Services, LLC, Defendant American Underwriting Services, LLC. (Attachments: #1 Exhibit A (Proposed First Am. Counterclaim))(Wiech, Christopher)
August 26, 2013 Filing 33 ANSWER to #26 Amended Complaint , COUNTERCLAIM against plaintiff Unigroup, Inc., Unigroup, Inc. by American Underwriting Services, LLC.(Wiech, Christopher)
August 20, 2013 Opinion or Order Filing 32 Docket Text ORDER: Re: #31 MOTION to Amend/Correct #30 Order Referring Case to ADR filed by Unigroup, Inc.; GRANTED - SO ORDERED. Signed by Magistrate Judge David D. Noce on 8/20/13. (KJS)
August 16, 2013 Filing 31 MOTION to Amend/Correct #30 Order Referring Case to ADR, by Plaintiff Unigroup, Inc.. (Fritz, Kevin)
August 15, 2013 Opinion or Order Filing 30 ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Sarah K. Cahill; ADR Completion Deadline due by 9/1/2014. ADR Compliance Report Deadline due by 9/15/2014. Designation of Neutral due by 7/1/2014. ADR Conference Report Schedule due by 7/1/2014.. Signed by Magistrate Judge David D. Noce on 8/15/13. (KKS)
August 15, 2013 Opinion or Order Filing 29 CASE MANAGEMENT ORDER This case is assigned to Track: 2; Motion to Join Parties due by 12/30/2013. Discovery Completion due by 7/1/2014. Dispositive Motions due by 8/1/2014. Dispositive Motion Hearing set for 9/18/2014 10:00 AM in Courtroom 17N before Magistrate Judge David D. Noce. Jury Trial set for 11/17/2014 09:00 AM in Courtroom 17N before Magistrate Judge David D. Noce. Pretrial Conference set for 11/12/2014 10:00 AM in Courtroom 17N before Magistrate Judge David D. Noce.. Signed by Magistrate Judge David D. Noce on 8/15/13. (KKS)
August 15, 2013 Filing 28 Minute Entry for Rule 16 Conference and Motion Hearing proceedings held before Magistrate Judge David D. Noce on 8/15/2013. Parties present by telephone for Rule 16 scheduling conference. Various deadlines discussed. CMO to issue. The Court also heard arguments on the motion to Dismiss Counterclaim #16 filed by plaintiff. Defendant will be filing responsive pleadings to the amended complaint within the 14 day deadline. Court took matters under submission. (FTR Gold Operator initials:Katie Stamm.) (FTR Gold: Yes.) (11:00-11:13) (KKS) (Main Document 28 replaced on 8/15/2013-correct time of hearing) (KKS).
August 12, 2013 Filing 27 REPLY to Response to Motion re #16 MOTION to Dismiss Defendant's Counterclaim filed by Plaintiff Unigroup, Inc.. (Fritz, Kevin)
August 9, 2013 Filing 26 FIRST AMENDED COMPLAINT against defendant American Underwriting Services, LLC; Amendment to #1 Complaint, filed by Unigroup, Inc.. Related document: #1 Complaint, filed by Unigroup, Inc..(KKS)
August 9, 2013 Opinion or Order Filing 25 Docket Text ORDER: Granting #24 MOTION for Leave to File First Amended Complaint Instanter by Plaintiff Unigroup, Inc... Signed by Magistrate Judge David D. Noce on 8/9/13. (KKS)
August 8, 2013 Filing 24 MOTION for Leave to File First Amended Complaint Instanter by Plaintiff Unigroup, Inc.. (Attachments: #1 Exhibit A - First Amended Complaint)(Fritz, Kevin)
August 5, 2013 Opinion or Order Filing 23 Docket Text ORDER Re: #22 Consent MOTION for Extension of Time to File Response/Reply to Defendant's Response to Plaintiff's Motion to Dismiss Counterclaim by Plaintiff Unigroup, Inc. ; ORDERED GRANTED, ( Response to Court due by 8/12/2013.). Signed by Magistrate Judge David D. Noce on 8/5/2013. (KMS)
July 30, 2013 Filing 22 Consent MOTION for Extension of Time to File Response/Reply to Defendant's Response to Plaintiff's Motion to Dismiss Counterclaim by Plaintiff Unigroup, Inc.. (Attachments: #1 Attachment Order Extending Time for Plaintiff to File a Reply to Defendant's Response in Opposition to Plaintiff's Motion to Dismiss Counterclaim)(Cahill, Sarah)
July 26, 2013 Filing 21 RESPONSE in Opposition re #16 MOTION to Dismiss Defendant's Counterclaim filed by Counter Claimant American Underwriting Services, LLC, Defendant American Underwriting Services, LLC. (Attachments: #1 Affidavit James R. Wiley, #2 Exhibit 1 (to the Wiley Affidavit))(Wiech, Christopher)
July 17, 2013 Opinion or Order Filing 20 Docket Text ORDER Re: #19 Consent MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Dismiss Defendant's Counterclaim by Counter Claimant American Underwriting Services, LLC, Defendant American Underwriting Services, LLC ; ORDERED GRANTED, ( Response to Court due by 7/26/2013.) Signed by Magistrate Judge David D. Noce on 7/17/2013. (KMS)
July 16, 2013 Filing 19 Consent MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Dismiss Defendant's Counterclaim by Counter Claimant American Underwriting Services, LLC, Defendant American Underwriting Services, LLC.(with proposed order attached); (Wiech, Christopher) Modified on 7/17/2013 to edit text (DJO).
July 16, 2013 Filing 18 JOINT SCHEDULING PLAN by Counter Defendant Unigroup, Inc., Plaintiff Unigroup, Inc.. . (Wiech, Christopher)
July 9, 2013 Filing 17 MEMORANDUM in Support of Motion re #16 MOTION to Dismiss Defendant's Counterclaim filed by Plaintiff Unigroup, Inc.. (Fritz, Kevin)
July 9, 2013 Filing 16 MOTION to Dismiss Defendant's Counterclaim by Plaintiff Unigroup, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fritz, Kevin)
June 28, 2013 Filing 15 FULL CONSENT has been received by Defendant American Underwriting Services, LLC, Plaintiff Unigroup, Inc.. (KMS)
June 26, 2013 Opinion or Order Filing 14 ORDER RESETTING RULE 16 CONFERENCE; IT IS HEREBY ORDERED that the motion of defendant to continue the July 9, 2013 scheduling conference (Doc. #13 ) is sustained. The conference is reset to Thursday, August 15, 2013 at 10:00 a.m. in the courtroom of the undersigned. Joint Scheduling Plan due by 8/8/2013; Signed by Magistrate Judge David D. Noce on 06/26/2013. (DJO)
June 24, 2013 Filing 13 MOTION to Continue Rule 16 Conference by Counter Claimant American Underwriting Services, LLC, Defendant American Underwriting Services, LLC. (Wiech, Christopher)
June 20, 2013 Opinion or Order Filing 12 ORDER SETTING RULE 16 CONFERENCE: Joint Scheduling Plan due by 7/3/2013. Rule 16 Conference set for 7/9/2013 10:30 AM in Courtroom 17N before Magistrate Judge David D. Noce. Magistrate Consent due by 7/3/2013. Signed by Magistrate Judge David D. Noce on 6/20/2013. (KMS)
June 18, 2013 Filing 10 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Counter Claimant American Underwriting Services, LLC, Counter Defendant American Underwriting Services, LLC, Defendant American Underwriting Services, LLC. Parent companies: The Wiley Group, Inc., Subsidiaries: None, Publicly held company: No,. (Wiech, Christopher)
June 18, 2013 Filing 9 ANSWER to #1 Complaint, AFFIRMATIVE DEFENSES, COUNTERCLAIM against plaintiff American Underwriting Services, LLC by American Underwriting Services, LLC.(Wiech, Christopher)
June 5, 2013 Opinion or Order Filing 8 Docket Text ORDER: Re: #7 MOTION for Leave to Appear Pro Hac Vice Christopher A. Wiech. The Certificate of Good Standing was attached.(Filing fee $100) by Defendant American Underwriting Services, LLC.; ORDERED GRANTED; Signed by Magistrate Judge David D. Noce on 06/05/2013. (DJO)
June 5, 2013 Opinion or Order ORDER RECEIPT: (see receipt) Docket No: 8. to pro hac attorney Christopher A. Wiech Wed Jun 5 08:26:12 CDT 2013 (O'Leary, Deborah)
May 31, 2013 Receipt 4644035982 in the amount of $100.00 for PRO HAC VICE on behalf of Christopher Alex Wiech (CCAM)
May 31, 2013 Filing 7 MOTION for Leave to Appear Pro Hac Vice Christopher A. Wiech. The Certificate of Good Standing was attached.(Filing fee $100) by Defendant American Underwriting Services, LLC. (Attachments: #1 Certificate of Good Standing)(KMS)
May 29, 2013 Opinion or Order Filing 6 Docket Text ORDER as to American Underwriting Services, LLC : GRANTING #5 MOTION for Extension of Time to File Answer re #1 ; Answer ddl 6/18/13. Signed by Magistrate Judge David D. Noce on 5/29/13. (KKS)
May 28, 2013 Filing 5 MOTION for Extension of Time to File Answer re #1 Complaint, or, in the Alternative, to File Responsive Pleadings Out-Of-Time by Defendant American Underwriting Services, LLC. (Dickenson, Scott)
May 9, 2013 Filing 4 SUMMONS Returned Executed filed by Unigroup, Inc.. American Underwriting Services, LLC served on 5/7/2013, answer due 5/28/2013. (Fritz, Kevin)
May 7, 2013 Filing 3 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Plaintiff Unigroup, Inc.. Parent companies: None, Subsidiaries: Transportation Services Group, Inc., Publicly held company: None,. (Fritz, Kevin)
May 6, 2013 Filing 2 NOTICE OF PROCESS SERVER by Plaintiff Unigroup, Inc. Process Server: Frank James and Phoenix Legal, Inc. (Fritz, Kevin)
May 6, 2013 Filing 1 COMPLAINT against defendant American Underwriting Services, LLC with receipt number 0865-3798572, in the amount of $400 Jury Demand,, filed by Unigroup, Inc.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Original Filing Form, #4 Summons)(Fritz, Kevin)
May 6, 2013 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401. (CSAW)
May 6, 2013 Case Opening Notification 1 @ 21 days Summons(es) issued, Consents issued 2, Judge Assigned: U.S. Magistrate Judge David D. Noce. The summons was emailed to klfritz@lashlybaer.com, ukrull@lashlybaer.com. (SAJ)

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Plaintiff: Unigroup, Inc.
Represented By: Kevin L. Fritz
Represented By: Sarah K. Cahill
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Defendant: American Underwriting Services, LLC
Represented By: Christopher A. Wiech
Represented By: Scott J. Dickenson
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Counter defendant: Vanliner Insurance Company
Represented By: Kevin L. Fritz
Represented By: Patrick E. Foppe
Represented By: Sarah K. Cahill
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