Netherlands Insurance Company et al v. Cellar Advisors, LLC et al
| Netherlands Insurance Company and Hawkeye-Security Insurance Company |
| Marc Lazar, Great Northern Insurance Company, Cellar Advisors, LLC, Domaine Saint Louis, LLC and Domaine New York, LLC |
| Great Northern Insurance Company |
| Cellar Advisors, LLC, Domaine New York, LLC, Domaine Saint Louis, LLC and Marc Lazar |
| 4:2017cv02585 |
| October 16, 2017 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Within US but Outside District |
| Patricia L. Cohen |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
76
MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Cellar Defendants' motion to dismiss Great Northern's cross-claim 35 is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that Cellar Defendants' motion to d ismiss with prejudice Count VI (gross negligence) of the cross-claim is GRANTED. IT IS FINALLY ORDERED that Cellar Defendants' motion to dismiss with prejudice the other seven counts in Great Northern's cross-claim is DENIED. Signed by Magistrate Judge Patricia L. Cohen on 1/23/2019. (CBL)
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Filing
59
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs' unopposed motion for consolidation [ECF No. 49 ] is GRANTED. IT IS FURTHER ORDERED that the Clerk shall assign The Cincinnati Specialty Underwriters Ins. Co. v. Cellar Advisors, LLC , No. 4:18cv00112 JCH to the undersigned United States Magistrate Judge and CONSOLIDATE it with this case for all purposes. All subsequent documents shall be filed only under this case number, 4:17cv02585 PLC. IT IS FURTHER ORDERED that, no la ter than May 7, 2018, The Cincinnati Specialty Underwriters Insurance Company and Cellar Advisors, LLC shall submit to the Clerk's Office their completed consent forms (which are available online) regarding the authority of the undersigned magistrate judge (or a district judge) to preside over The Cincinnati lawsuit. IT IS FURTHER ORDERED that, no later than May 7, 2018, (1) The Cincinnati Specialty Underwriters Insurance Company shall file a statement disclosing the state(s) where ( a) it is incorporated and (b) it has its principal place of business, and (2) Cellar Advisors, LLC shall file a statement disclosing the state(s) of which each of its members is a citizen. IT IS FURTHER ORDERED that the oral argument now scheduled for 10:00 a.m. on May 2, 2018, is RESCHEDULED for June 13, 2018, with the argument to begin as promptly as possible after conclusion of the Rule 16 conference which is also scheduled for June 13, 2018. The scheduled argument will focus on (1) the La zar Defendants motion to dismiss the eight- count crossclaim filed by Great Northern Insurance Company in this case (including argument on (a) the extent to which, if any, the Court may consider the exhibits submitted by Great Northern when resolv ing the motion to dismiss, and (b) which states law applies to resolve the substantive issues presented in the motion and opposition to the motion), and (2) the abstention issues arising out of Great Northern Insurance Companys identical clai ms pending in the complaint in the Pennsylvania state court action and in the crossclaim in this case. IT IS FINALLY ORDERED that the Clerk shall file a copy of this Memorandum and Order in The Cincinnati lawsuit, case no. 4:18cv00112. 49 M OTION to Consolidate Cases Consolidate with higher case number 4:18-cv-00112-JCH filed by Plaintiff Netherlands Insurance Company, Plaintiff Hawkeye-Security Insurance Company ( Notice re: Magistrate Judge Jurisdiction due by 5/7/2018., Motion Hearing set for 6/13/2018 10:00 AM in Courtroom 9N before Magistrate Judge Patricia L. Cohen., Response to Court due by 5/7/2018., Rule 16 Conference set for 6/13/2018 10:00 AM in Courtroom 9N before Magistrate Judge Patricia L. Cohen.) Signed by Magistrate Judge Patricia L. Cohen on 4/26/18. (KKS)
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Filing
45
MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that each "non-governmental organizational" Defendant shall file its Certificate no later than March 5, 2018. IT IS FURTHER ORDERED that Plaintiffs' unopposed motion to co ntinue the Rule 16 Conference [ECF No. 44 ] is GRANTED so that the Rule 16 Conference is RESCHEDULED for April 4, 2018, at 1:30 p.m. before the undersigned in Courtroom 9N on the ninth floor of the Thomas F. Eagleton U.S. Courthouse. IT IS FURTHE R ORDERED that, due to the rescheduling of the Rule 16 Conference, the parties' Joint Proposed Scheduling Plan is now due no later than March 28, 2018. All other terms and provisions of the Order Setting Rule 16 Conference [ECF No. 43] remain in full force and effect. IT IS FURTHER ORDERED that Great Northern's request for oral argument on Cellar Defendants' motion to dismiss Great Northern's crossclaim is GRANTED so that the oral argument is SCHEDULED for May 2, 2018, at 10:00 a.m. before the undersigned in Courtroom 9N on the ninth floor of the Thomas F. Eagleton U.S. Courthouse. IT IS FINALLY ORDERED that, no later than April 4, 2018, Cellar Defendants and Great Northern shall file their briefs addressing: (1) t he extent to which, if any, the Court may consider the parties' exhibits in resolving the pending motion to dismiss, and (2) which state's law applies to resolve the substantive issues presented in the motion to dismiss and opposition to the motion. Signed by Magistrate Judge Patricia L. Cohen on 2/22/2018. (CBL)
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