Foresight Energy, LLC v. Ace American Insurance Company et al
| Foresight Energy, LLC |
| Ace American Insurance Company, Allied World Assurance Company AG, Arch Reinsurance LTD., Argo RE LTD., Certain Underwriters at Lloyd's London Subscribing to Policy No. B0702PN3014400, Certain Underwriter's at Lloyd's of London Subscribing to Policy No. B0702PN301500o, Certain Underwriter's at Lloyd's London Subscribing to Policy No. B0702PN306460o, Houston Specialty Insurance Company, Market Bermuda LTD., Oil Casualty Insurance LTD., RSUI Indemnity Company and Markel Bermuda LTD. |
| 4:2022cv00887 |
| August 24, 2022 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| John A Ross |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| Defendant |
Docket Report
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This docket was last retrieved on March 21, 2023. A more recent docket listing may be available from PACER.
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Filing 98
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Court's temporary restraining order is VACATED. (Doc. #17 ). IT IS FURTHER ORDERED that Plaintiff's motion to remand the case to state court is DENIED. (Doc. #57 ). IT IS FURTHER ORDERED that Defendants' motion to dismiss or stay the case is GRANTED in part and DENIED in part. (Doc. #38 ). Defendants' motion to dismiss is DENIED. Plaintiff's claims against the Arbitration Defendants are referred to arbitration pursuant to their respective agreements. In the interim, this case is STAYED and administratively closed pending the conclusion of arbitration. IT IS FURTHER ORDERED that Plaintiff's motion for preliminary injunction is DENIED as moot. (Doc. #68 ). IT IS FURTHER ORDERED that the Argo and Markel Defendants' motion to dismiss for lack of personal jurisdiction is DENIED as moot. (Doc. #35 ). IT IS FINALLY ORDERED that the Clerk of the Court is directed to disburse Plaintiff's surety bond of $100 to Defendants, payable to Ace American Insurance Company, through counsel Sandra Wunderlich. SEE ORDER FOR DETAILS. Signed by District Judge John A. Ross on 3/21/2023. (CLT)
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Filing 97
Docket Text ORDER: Re: #96 MOTION to Withdraw as Attorney; attorney/firm Benjamin S. McIntosh by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Markel Bermuda LTD., Oil Casualty Insurance LTD; ORDERED GRANTED. (Attorney Benjamin Stephen McIntosh terminated.) Signed by District Judge John A. Ross on 12/21/2022. (LNJ)
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| Filing 96 MOTION to Withdraw as Attorney ;attorney/firm Benjamin S. McIntosh by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Markel Bermuda LTD., Oil Casualty Insurance LTD.. (McIntosh, Benjamin) |
| Filing 95 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge John A. Ross: Motion Hearing held on 11/15/2022 re #68 MOTION for Preliminary Injunction filed by Foresight Energy, LLC, #35 MOTION to Dismiss for Lack of Jurisdiction filed by Markel Bermuda LTD., Argo RE LTD., #57 MOTION to Remand Case to State Court to Circuit Court for the City of St. Louis, Missouri, 22nd Judicial Circuit filed by Foresight Energy, LLC, #38 MOTION to Dismiss Case and/or Stay for Arbitration filed by Markel Bermuda LTD., Oil Casualty Insurance LTD., Argo RE LTD., Allied World Assurance Company AG, Arch Reinsurance LTD. Arguments heard. The Court takes the motions under submission. Order to issue. (Court Reporter:Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985) (proceedings started: 9:55 am) (proceedings ended: 11:25 am) (Deputy Clerk: L. Jones)(Appearance for Plaintiff: Colin Davis, Alexander Hardiman and Jeffrey Baron)(Appearance for Defendant: Christina Lincoln, William Webster, Sandra Wunderlich, Benjamin McIntosh, Timothy Wolf, Paul Koepff, and Nolan Burkhouse) (LNJ) |
| Filing 94 REPLY to Response to Motion re #35 MOTION to Dismiss for Lack of Jurisdiction REPLY MEMORANDUM IN SUPPORT OF THE ARGO AND MARKEL BERMUDA MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION filed by Defendants Argo RE LTD., Markel Bermuda LTD.. (Attachments: #1 Exhibit Green Declaration ISO Reply Motion to Dismiss, #2 Exhibit Wharton Affirmation ISO Reply Motion to Dismiss)(Wolf, Timothy) |
| Filing 93 MEMORANDUM in Support of Motion re #38 MOTION to Dismiss Case and/or Stay for Arbitration REPLY MEMORANDUM IN SUPPORT OF INTERNATIONAL INSURERS MOTION TO DISMISS AND/OR STAY THIS ACTION filed by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Argo RE LTD., Markel Bermuda LTD., Oil Casualty Insurance LTD.. (Attachments: #1 Exhibit Koepff)(Wolf, Timothy) |
| Filing 92 REPLY to Response to Motion re #68 MOTION for Preliminary Injunction filed by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey) |
| Filing 91 REPLY to Response to Motion re #57 MOTION to Remand Case to State Court to Circuit Court for the City of St. Louis, Missouri, 22nd Judicial Circuit filed by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey) |
| Filing 90 REPLY to Response to Motion re #57 MOTION to Remand Case to State Court to Circuit Court for the City of St. Louis, Missouri, 22nd Judicial Circuit filed by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey) |
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Filing 89
ORDER: IT IS HEREBY ORDERED that Plaintiff's motion is GRANTED (Doc. #87 ), and no further disclosures are required. Signed by District Judge John A. Ross on 10/18/2022. (CLT)
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| Filing 88 DECLARATION filed by Plaintiff Foresight Energy, LLC re #87 MOTION for Extension of Time to File ;Extension to file the following: re Court's Order regarding Plaintiff's Disclosure of Organizational Interests ;Proposed extension date 11/11/2022 . (Baron, Jeffrey) |
| Filing 87 MOTION for Further Direction and Extension of Time to File to file the following: re Court's Order regarding Plaintiff's Disclosure of Organizational Interests; Proposed extension date 11/11/2022 by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey) Modified docket text on 10/17/2022 (CLT). |
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Filing 86
Docket Text ORDER: Re: #77 MOTION for Leave to File in Excess of Page Limitation by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey); ORDERED GRANTED. Re: #80 MOTION for Leave to File in Excess of Page Limitation by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey); ORDERED GRANTED. Signed by District Judge John A. Ross on 10/13/2022. (CLT)
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| Filing 85 MEMORANDUM in Opposition re #68 MOTION for Preliminary Injunction filed by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Argo RE LTD., Markel Bermuda LTD., Oil Casualty Insurance LTD.. (Wolf, Timothy) |
| Filing 84 MEMORANDUM in Opposition re #57 MOTION to Remand Case to State Court to Circuit Court for the City of St. Louis, Missouri, 22nd Judicial Circuit filed by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Argo RE LTD., Markel Bermuda LTD., Oil Casualty Insurance LTD.. (Wolf, Timothy) |
| Filing 83 DECLARATION filed by Plaintiff Foresight Energy, LLC re #81 Memorandum in Opposition to Motion to Dismiss by Bermuda Defendants. (Attachments: #1 Exhibit 1 - Table)(Baron, Jeffrey) |
| Filing 82 DECLARATION filed by Plaintiff Foresight Energy, LLC re #81 Memorandum in Opposition to Motion to Dismiss by Bermuda Defendants. (Attachments: #1 Exhibit 1 - AOS on Markel Bermuda, #2 Exhibit 2 - AOS on Argo Re, #3 Exhibit 3 - MO DOI Aff for Markel, #4 Exhibit 4 - MO DOI Aff for Argo Re, #5 Exhibit 5 - MO Process Server AOS - Markel, #6 Exhibit 6 - MO Process Server AOS on Argo Re)(Baron, Jeffrey) |
| Filing 81 MEMORANDUM in Opposition re #35 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey) |
| Filing 80 MOTION for Leave to File in Excess of Page Limitation by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey) |
| Filing 79 DECLARATION filed by Plaintiff Foresight Energy, LLC re #78 Memorandum in Opposition to Motion to Dismiss. (Baron, Jeffrey) |
| Filing 78 MEMORANDUM in Opposition re #38 MOTION to Dismiss Case and/or Stay for Arbitration filed by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey) |
| Filing 77 MOTION for Leave to File in Excess of Page Limitation by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey) |
| Filing 76 RESPONSE in Opposition re #57 MOTION to Remand Case to State Court to Circuit Court for the City of St. Louis, Missouri, 22nd Judicial Circuit filed by Defendants Ace American Insurance Company, Certain Underwriter's at Lloyd's London Subscribing to Policy No. B0702PN306460o, Certain Underwriter's at Lloyd's of London Subscribing to Policy No. B0702PN301500o, Certain Underwriters at Lloyd's London Subscribing to Policy No. B0702PN3014400, Houston Specialty Insurance Company, RSUI Indemnity Company. (Wunderlich, Sandra) |
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Filing 75
ORDER: IT IS HEREBY ORDERED that Plaintiff's motion for clarification is GRANTED. (Doc. #72 ). Plaintiff shall supplement its disclosures by October 14, 2022. (SEE ORDER FOR DETAILS.) (Response to Court due by 10/14/2022.) Signed by District Judge John A. Ross on 9/30/2022. (LNJ)
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| Filing 74 Foresight Energy LLC's ANSWER to Counterclaim by Foresight Energy, LLC.(Baron, Jeffrey) |
| Filing 73 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiffs Foresight Energy, LLC, Foresight Energy Resources LLC.. (Baron, Jeffrey) |
| Filing 72 MOTION to Clarify #27 Disclosure of OrganizationalInterests Certificate by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey) |
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Filing 71
Docket Text ORDER: Re: #70 MOTION for Leave to Appear Pro Hac Vice Christina M. Lincoln. The Certificate of Good Standing was attached; ORDERED GRANTED. Signed by District Judge John A. Ross on 9/27/2022. (LNJ)
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| Filing 70 MOTION for Leave to Appear Pro Hac Vice Christina M. Lincoln. The Certificate of Good Standing was attached.(Filing fee $150 receipt number BMOEDC-9527118) by Defendants Ace American Insurance Company, Allied World Assurance Company AG, Arch Reinsurance LTD., Argo RE LTD., Certain Underwriter's at Lloyd's London Subscribing to Policy No. B0702PN306460o, Certain Underwriter's at Lloyd's of London Subscribing to Policy No. B0702PN301500o, Certain Underwriters at Lloyd's London Subscribing to Policy No. B0702PN3014400, Houston Specialty Insurance Company, Markel Bermuda LTD., Oil Casualty Insurance LTD., RSUI Indemnity Company. (Attachments: #1 Certificate of Good Standing)(Lincoln, Christina) |
| Filing 69 MEMORANDUM in Support of Motion re #68 MOTION for Preliminary Injunction filed by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey) |
| Filing 68 MOTION for Preliminary Injunction by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey) |
| Filing 67 Electronic Notice of Noncompliance as to Plaintiff Foresight Energy, LLC, Counter Defendant Foresight Energy, LLC. Review of this case shows your Disclosure of Organizational Interests was filed incorrectly. You must refile the disclosure and add all corporate parents, affiliates, and LLC members, even of the parent LLC. Disclosure of Organizational Interests Certificate due by 9/28/2022. (CBL) |
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Filing 66
Docket Text ORDER: Re: #56 MOTION for Leave to File in Excess of Page Limitation by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey); ORDERED GRANTED. Signed by District Judge John A. Ross on 9/19/2022. (CLT)
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| Filing 65 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants RSUI Indemnity Company, RSUI Group, Inc., Alleghany Insurance Holdings LLC, Alleghany Corporation, Counter Claimants RSUI Indemnity Company, RSUI Group, Inc., Alleghany Insurance Holdings LLC, Alleghany Corporation.. (Wunderlich, Sandra) |
| Filing 64 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Houston Specialty Insurance Company, Skyward Specialty Insurance Company, Inc., Westaim Corporation, Counter Claimants Houston Specialty Insurance Company, Skyward Specialty Insurance Company, Inc., Westaim Corporation.. (Wunderlich, Sandra) |
| Filing 63 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Counter Claimants Certain Underwriter's at Lloyd's London Subscribing to Policy No. B0702PN306460o, Ark Syndicate Management Limited, Group Ark Insurance Holdings Limited, Ark Insurance Holdings Limited, White Mountains Insurance Group, Ltd., Defendants Certain Underwriter's at Lloyd's London Subscribing to Policy No. B0702PN306460o, Ark Syndicate Management Limited, Group Ark Insurance Holdings Limited, Ark Insurance Holdings Limited, White Mountains Insurance Group, Ltd... (Wunderlich, Sandra) |
| Filing 62 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Certain Underwriter's at Lloyd's of London Subscribing to Policy No. B0702PN301500o, Canopius Managing Agents Limited, Canopius Managing Agents Ltd., Canopius Holdings UK Ltd., Canopius Group Limited, Fortuna Holdings Limited, Fortuna Midco Limited, Fortuna Topico Limited, Fidentia Fortuna Holdings Ltd., Morant Corporate Trustee (Jersey) Limited, Samsung Fire & Marine Insurance Co., Ltd., Counter Claimants Certain Underwriter's at Lloyd's of London Subscribing to Policy No. B0702PN301500o, Canopius Managing Agents Limited, Canopius Managing Agents Ltd., Canopius Holdings UK Ltd., Canopius Group Limited, Fortuna Holdings Limited, Fortuna Midco Limited, Fortuna Topico Limited, Fidentia Fortuna Holdings Ltd., Morant Corporate Trustee (Jersey) Limited, Samsung Fire & Marine Insurance Co., Ltd... (Wunderlich, Sandra) |
| Filing 61 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Certain Underwriters at Lloyd's London Subscribing to Policy No. B0702PN3014400, Beazley Furlonge Limited, Beazley plc., AEGIS Managing Agency Ltd., AEGIS London Holdings Ltd, AEGIS Holding Inc., AEGIS, Endurance Worldwide Holdings Ltd, Endurance Specialty Insurance Ltd, Sompo International Holdings Ltd, Sompo Japan Holdings Inc., Sompo Holdings, Inc., Argo Managing Agency Limited, Argo Group International Holdings, Ltd., Hiscox Syndicates Limited, Hiscox Holdings Limited, Hiscox plc, Hiscox Ltd., Brit Syndicates Limited, Brit Limited, Fairfax Financial Holdings Limited, OMERS (the Ontario Municipal Employees Retirement System), WR Berkley Syndicate Ltd., W.R. Berkley Syndicate Holdings Limited, Berkley Insurance Company, Signet Star Holdings, W.R. Berkley Corporation, Amlin Corporate Member Limited, Amlin Underwriting Limited, Amlin plc, Ark Syndicate Management Limited, Group Ark Insurance Holdings Limited, Ark Insurance Holdings Limited, White Mountains Insurance Group, Ltd., Lancashire Syndicates Limited, Cathedral Capital Holdings Limited, Lancashire Holdings Limited, Cincinnati Global Underwriting Agency Ltd., Cincinnati Global Underwriting Ltd., Cincinnati Financial Corporation, Convex Re Limited, Convex Group Limited, Convex Europe S.A., Aspen European Holdings Limited, Aspen Insurance Holdings Limited, Highlands Bermuda Holdco, Ltd., Apollo Global Management, Inc., White Bear Capital, Apollo Syndicate Management Limited, Apollo Group Holding Limited, Counter Claimants Certain Underwriters at Lloyd's London Subscribing to Policy No. B0702PN3014400, Beazley Furlonge Limited, Beazley plc., AEGIS Managing Agency Ltd., AEGIS London Holdings Ltd, AEGIS Holding Inc., AEGIS, Endurance Worldwide Holdings Ltd, Endurance Specialty Insurance Ltd, Sompo International Holdings Ltd, Sompo Japan Holdings Inc., Sompo Holdings, Inc., Argo Managing Agency Limited, Argo Group International Holdings, Ltd., Hiscox Syndicates Limited, Hiscox Holdings Limited, Hiscox plc, Hiscox Ltd., Brit Syndicates Limited, Brit Limited, Fairfax Financial Holdings Limited, OMERS (the Ontario Municipal Employees Retirement System), WR Berkley Syndicate Ltd., W.R. Berkley Syndicate Holdings Limited, Berkley Insurance Company, Signet Star Holdings, W.R. Berkley Corporation, Amlin Corporate Member Limited, Amlin Underwriting Limited, Amlin plc, Ark Syndicate Management Limited, Group Ark Insurance Holdings Limited, Ark Insurance Holdings Limited, White Mountains Insurance Group, Ltd., Lancashire Syndicates Limited, Cathedral Capital Holdings Limited, Lancashire Holdings Limited, Cincinnati Global Underwriting Agency Ltd., Cincinnati Global Underwriting Ltd., Cincinnati Financial Corporation, Convex Re Limited, Convex Group Limited, Convex Europe S.A., Aspen European Holdings Limited, Aspen Insurance Holdings Limited, Highlands Bermuda Holdco, Ltd., Apollo Global Management, Inc., White Bear Capital, Apollo Syndicate Management Limited, Apollo Group Holding Limited.. (Wunderlich, Sandra) |
| Filing 60 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Argo RE LTD., Argo Group International Holdings, Ltd... (Wunderlich, Sandra) |
| Filing 59 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Counter Claimants Ace American Insurance Company, INA Holdings Corporation, INA Financial Corporation, INA Corporation, Chubb INA Holdings Inc., Chubb Group Holdings Inc., Chubb Limited, Defendants Ace American Insurance Company, INA Holdings Corporation, INA Financial Corporation, INA Corporation, Chubb INA Holdings Inc., Chubb Group Holdings Inc., Chubb Limited.. (Wunderlich, Sandra) |
| Filing 58 MEMORANDUM in Support of Motion re #57 MOTION to Remand Case to State Court to Circuit Court for the City of St. Louis, Missouri, 22nd Judicial Circuit filed by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey) |
| Filing 57 MOTION to Remand Case to State Court to Circuit Court for the City of St. Louis, Missouri, 22nd Judicial Circuit by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey) |
| Filing 56 MOTION for Leave to File in Excess of Page Limitation Memo in Support of Motion to Remand by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey) |
| Filing 55 NOTICE by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Markel Bermuda LTD., Oil Casualty Insurance LTD. of Substitution of Counsel (Wolf, Timothy) |
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Filing 54
ORDER: Accordingly, IT IS HEREBY ORDERED that: 1 Plaintiff shall file its motion to remand by September 16, 2022, and its motion for preliminary injunction by September 23, 2022. 2 All responses in opposition shall be filed by October 12, 2022. 3 Any replies shall be filed by October 24, 2022. 4 A hearing on all motions is set for November 15, 2022, at 10:00 a.m. in Courtroom 12 North. (Motion Hearing set for 11/15/2022 10:00 AM in Courtroom 12N - St. Louis before District Judge John A. Ross.) Signed by District Judge John A. Ross on 9/12/22. (JAB)
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Filing 53
Docket Text ORDER: Re: #45 MOTION for Leave to Appear Pro Hac Vice Alexander D. Hardiman. ORDERED GRANTED. #46 MOTION for Leave to Appear Pro Hac Vice Joseph D. Jean. ORDERED GRANTED. Signed by District Judge John A. Ross on 9/9/2022. (CLT)
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Filing 52
Docket Text ORDER: Re: #40 JOINT MOTION for Leave to File in Excess of Page Limitation by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Argo RE LTD., Markel Bermuda LTD., Oil Casualty Insurance LTD.. (Wolf, Timothy), #37 JOINT MOTION for Leave to File in Excess of Page Limitation by Defendants Markel Bermuda LTD., Argo Re Ltd. (Wolf, Timothy); ORDERED GRANTED. Signed by District Judge John A. Ross on 9/9/2022. (CLT)
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| Filing 51 Electronic Notice of Noncompliance as to Defendants Ace American Insurance Company, Argo RE LTD., Certain Underwriter's at Lloyd's London Subscribing to Policy No. B0702PN306460o, Certain Underwriter's at Lloyd's of London Subscribing to Policy No. B0702PN301500o, Certain Underwriters at Lloyd's London Subscribing to Policy No. B0702PN3014400, Houston Specialty Insurance Company, RSUI Indemnity Company. Review of this case shows the Disclosure of Organizational Interests Certificate has not been filed. The certificate must be filed with the Court within 5 days # (moed-0001.pdf). Disclosure of Organizational Interests Certificate due by 9/16/2022. (CLT) |
| Filing 50 AMENDED DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Arch Reinsurance LTD., Arch Capital Group Ltd... (Wolf, Timothy) Modified on 9/9/2022 (CLT). |
| Filing 49 AMENDED DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Markel Bermuda LTD., Alterra Capital Holdings Ltd, Markel Corporation.. (Wolf, Timothy) Modified on 9/9/2022 (CLT). |
| Filing 48 AMENDED DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Allied World Assurance Company AG, Allied World Assurance Company Holdings, Ltd., Fairfax Financial Holdings Limited.. (Wolf, Timothy) Modified on 9/9/2022 (CLT). |
| Filing 47 AMENDED DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Oil Casualty Insurance LTD., Air Products and Chemicals, Inc., Algonquin Power and Utilities Corp., Ameren Corporation, Atmos Energy Corporation, Berkshire Hathaway Energy Company, BHP Billiton Limited, Borealis Insurance A/S, Bruce Power L.P., California Resources Corporation, Cenovus Energy Inc., CenterPoint Energy, Inc., CNOOC Petroleum North America ULC, Colonnade Insurance Company, Consolidated Edison, Inc., Delek U.S. Holdings, Inc., Dominion Energy, Inc., Dorintal Reinsurance Limited, Duke Energy Corporation, Eastman Chemical Company, Emera Incorporated, Energy Transfer LP, Eni Insurance DAC, Enterprise Products Company, Equinor ASA, Evergy, Inc., Formosa Plastics Corporation, USA, Genesis Energy, L.P, Irving Oil Company, Limited, Jamestown Insurance Company Limited, Kinder Morgan, Inc., Lyondell Chemical Company, Magellan Midstream Partners, L.P., Marathon Oil Corporation, Marathon Petroleum Corporation, Motiva Enterprises LLC, Murphy Oil Corporation, National Fuel Gas Company, NextEra Energy, Inc., NiSource Inc., Novalta Insurance Ltd, Omnium Reinsurance Company SA, Opcal Insurance Inc., PBF Holding Company LLC, Phillips 66 Company, Plains All American Pipeline L.P, Sanro Insurance PTE Ltd., Sasol International Insurance Limited, Sempra Energy, Sooner Insurance Company, Southwest Gas Holdings, Inc., Spire Inc., Suncor Energy Inc., Targa Resources Com., Teck Resources Limited, TEIDE RE, S.A, Tennessee Valley Authority, The Williams Companies, Inc., TransCanada Pipelines Limited, Utility Insurance Company, Inc., WEC Energy Group, Inc., WGL Holdings, Inc., Xcel Energy Inc... (Attachments: #1 Exhibit Exhibit to OCIL Disclosure of Organizational Interests)(Wolf, Timothy) Modified on 9/9/2022 (CLT). |
| Filing 46 MOTION for Leave to Appear Pro Hac Vice Joseph D. Jean. The Certificate of Good Standing was attached.(Filing fee $150 receipt number BMOEDC-9495970) by Plaintiff Foresight Energy, LLC. (Attachments: #1 Certificate of Good Standing)(Jean, Joseph) |
| Filing 45 MOTION for Leave to Appear Pro Hac Vice Alexander D. Hardiman. The Certificate of Good Standing was attached.(Filing fee $150 receipt number BMOEDC-9495914) by Plaintiff Foresight Energy, LLC. (Attachments: #1 Certificate of Good Standing)(Hardiman, Alexander) |
| Filing 44 SUPPLEMENTAL re #42 Response to Court Order, Supplemental Filing of Exhibits to the International Insurers Proposed Briefing Schedule and Hearing Date for Pending And Forthcoming Motions by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Argo RE LTD., Markel Bermuda LTD., Oil Casualty Insurance LTD.. (Attachments: #1 Appendix Appendix A, #2 Appendix Appendix B, #3 Appendix C)(Wolf, Timothy) |
| Filing 43 NOTICE Foresight Energy LLC's Proposed Briefing Schedule: by Plaintiff Foresight Energy, LLC re #30 Order, (Attachments: #1 Exhibit A - Jeff Baron Affidavit in support of proposed Briefing Schedule)(Baron, Jeffrey) |
| Filing 42 RESPONSE TO COURT ORDER re #30 Order, Proposal of the International Insurers with Respect to the Briefing Schedule and Hearing Date for Pending and Forthcoming Motions as Discussed During the August 31, 2022 Conference Call with the Court by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Argo RE LTD., Markel Bermuda LTD., Oil Casualty Insurance LTD.. (Wolf, Timothy) |
| Filing 41 ANSWER to Complaint , COUNTERCLAIM against plaintiff Foresight Energy, LLC by Certain Underwriters at Lloyd's London Subscribing to Policy No. B0702PN3014400, Certain Underwriter's at Lloyd's of London Subscribing to Policy No. B0702PN301500o, Houston Specialty Insurance Company, RSUI Indemnity Company, Ace American Insurance Company, Certain Underwriter's at Lloyd's London Subscribing to Policy No. B0702PN306460o.(Wunderlich, Sandra) |
| Filing 40 JOINT MOTION for Leave to File in Excess of Page Limitation by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Argo RE LTD., Markel Bermuda LTD., Oil Casualty Insurance LTD.. (Wolf, Timothy) Modified on 9/8/2022 (CBL). |
| Filing 39 MEMORANDUM in Support of Motion re #38 JOINT MOTION to Dismiss Case and/or Stay for Arbitration filed by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Argo RE LTD., Markel Bermuda LTD., Oil Casualty Insurance LTD.. (Wolf, Timothy) Modified on 9/8/2022 (CBL). |
| Filing 38 JOINT MOTION to Dismiss Case and/or Stay for Arbitration by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Argo RE LTD., Markel Bermuda LTD., Oil Casualty Insurance LTD.. (Wolf, Timothy) Modified on 9/8/2022 (CBL). |
| Filing 37 JOINT MOTION for Leave to File in Excess of Page Limitation by Defendants Markel Bermuda LTD., Argo Re Ltd. (Wolf, Timothy) Modified on 9/8/2022 (CBL). |
| Filing 36 MEMORANDUM in Support of Motion re #35 JOINT MOTION to Dismiss for Lack of Jurisdiction by Defendants Markel Bermuda LTD., Argo Re Ltd . (Attachments: #1 Exhibit Argo Affirmation, #2 Exhibit Markel Affirmation)(Wolf, Timothy) Modified on 9/8/2022 (CBL). |
| Filing 35 JOINT MOTION to Dismiss for Lack of Jurisdiction by Defendants Markel Bermuda LTD., Argo Re Ltd . (Wolf, Timothy) Modified on 9/8/2022 (CBL). |
| Filing 34 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Markel Bermuda LTD... (Wolf, Timothy) |
| Filing 33 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Arch Reinsurance LTD... (Wolf, Timothy) |
| Filing 32 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Allied World Assurance Company AG.. (Wolf, Timothy) |
| Filing 31 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Oil Casualty Insurance LTD... (Attachments: #1 Exhibit Exhibit to OCIL Disclosure of Organizational Interests)(Wolf, Timothy) |
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Filing 30
ORDER: Following a telephone conference with counsel for the parties,IT IS HEREBY ORDERED that the parties shall meet and confer and shall submit jointly or separately, by September 7, 2022, a proposed briefing schedule and hearing date for pending and forthcoming motions as discussed during the call. (Response to Court due by 9/7/2022.) Signed by District Judge John A. Ross on 8/31/2022. (CLT)
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Filing 29
Docket Text ORDER: Re: #26 MOTION for Leave to Appear Pro Hac Vice Nolan Burkhouse. (Burkhouse, Nolan) and #28 MOTION for Leave to Appear Pro Hac Vice William A. Webster (Webster, William); ORDERED GRANTED. Signed by District Judge John A. Ross on 8/30/2022. (CLT)
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| Filing 28 MOTION for Leave to Appear Pro Hac Vice William A. Webster. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9479685) by Defendants Ace American Insurance Company, Allied World Assurance Company AG, Arch Reinsurance LTD., Argo RE LTD., Certain Underwriter's at Lloyd's London Subscribing to Policy No. B0702PN306460o, Certain Underwriter's at Lloyd's of London Subscribing to Policy No. B0702PN301500o, Certain Underwriters at Lloyd's London Subscribing to Policy No. B0702PN3014400, Houston Specialty Insurance Company, Markel Bermuda LTD., Oil Casualty Insurance LTD., RSUI Indemnity Company. (Attachments: #1 Certificate of Good Standing)(Webster, William) |
| Filing 27 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiffs Foresight Energy, LLC, Foresight Energy Resources LLC.. (Baron, Jeffrey) |
| Filing 26 MOTION for Leave to Appear Pro Hac Vice Nolan Burkhouse. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9478694) by Defendant Oil Casualty Insurance LTD.. (Attachments: #1 Certificate of Good Standing Certificate of Good Standing from the Vermont)(Burkhouse, Nolan) |
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Filing 25
ORDER: IT IS HEREBY ORDERED that a conference call with counsel for the parties is set for Wednesday, August 31, 2022, at 10:30 a.m. Call information will be emailed to counsel. (Telephone Conference set for 8/31/2022 10:30 AM in Telephone Conference in Chambers before District Judge John A. Ross.) Signed by District Judge John A. Ross on 8/29/2022. (KXS)
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| Filing 24 TRANSCRIPT of 16 (MOTION HEARING) held on 8/25/2022 before Judge John A. Ross. Court Reporter/Transcriber Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/19/2022. Redacted Transcript Deadline set for 9/29/2022. Release of Transcript Restriction set for 11/28/2022. (CLT) |
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Filing 23
Docket Text ORDER: Re: #20 MOTION for Leave to Appear Pro Hac Vice Paul Koepff by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Markel Bermuda LTD. (Koepff, Paul) and #21 MOTION for Leave to Appear Pro Hac Vice Ryan R. Westerfield by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Markel Bermuda LTD.(Westerfield, Ryan); ORDERED GRANTED. Signed by District Judge John A. Ross on 8/29/2022. (CLT)
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Filing 22
ORDER: Upon notice by counsel that the parties have agreed to continue the hearing on Plaintiff's motion for preliminary injunction, with the present temporary restraining order (Doc. #17 ) remaining in effect in the interim,IT IS HEREBY ORDERED that the hearing on Plaintiff's motion for preliminary injunction, set for August 31, 2022, is VACATED and will be reset as soon as is feasible. The corresponding briefing deadline of August 30, 2022 (Doc. #19 ) is also VACATED. IT IS FURTHER ORDERED that the Court's temporary restraining order (Doc. 17) will remain in effect pending further order of the Court. Signed by District Judge John A. Ross on 8/26/2022. (CLT)
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| Filing 21 MOTION for Leave to Appear Pro Hac Vice Ryan R. Westerfield. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9474755) by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Markel Bermuda LTD.. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Certificate of Good Standing Certificate of Good Standing)(Westerfield, Ryan) |
| Filing 20 MOTION for Leave to Appear Pro Hac Vice Paul Koepff. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9474692) by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Markel Bermuda LTD.. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Certificate of Good Standing Certificate of Good Standing)(Koepff, Paul) |
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Filing 19
ORDER: IT IS HEREBY ORDERED that the parties shall file any briefs on Plaintiff's motion for preliminary injunction no later than 12:00 p.m. on Tuesday, August 30, 2022. (Response to Court due by 8/30/2022.) Signed by District Judge John A. Ross on 8/26/2022. (LNJ)
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| Filing 18 TRANSCRIPT ORDER REQUEST for 16 (MOTION HEARING) by Foresight Energy, LLC. (Baron, Jeffrey) (cc: Court Reporter Lisa P. on 8/26/2022) (LNJ). |
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Filing 17
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion is GRANTED. (Doc. 8 ). Defendants are enjoined from commencing any action or proceeding, or otherwise seeking any form of relief from, any court, arbitration tribunal, panel, or any other forum, whether foreign or domestic, against Plaintiff with respect to the claims set forth in Plaintiff's petition or taking any action to compel Plaintiff to arbitrate its claims or otherwise enforce the arbitration provisions contained in the policies at issue. IT IS FURTHER ORDERED that Plaintiff shall post a security in the amount of $100 with the Clerk of the Court. IT IS FURTHER ORDERED that a hearing on Plaintiff's motion for preliminary injunction is set for August 31, 2022, at 9:00 a.m. in Courtroom 12 North. Any party wishing to appear remotely must request accommodations by contacting chambers no later than August 29, 2022. (Hearing on Motion for Preliminary Injunction set for 8/31/2022 09:00 AM in Courtroom 12N - St. Louis before District Judge John A. Ross.) Signed by District Judge John A. Ross on 8/25/2022. (LNJ) (cc: Finance)
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| Filing 16 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge John A. Ross: Motion Hearing held on 8/25/2022 re 8 Emergency EX PARTE MOTION FOR EXTENSION OF TEMPORARY RESTRAINING ORDER filed by Foresight Energy, LLC. Arguments heard. The matter is taken under submission. Order to issue. (Court Reporter:Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985) (proceedings started: 11:03 am) (proceedings ended: 11:42 am) (Deputy Clerk: L. Jones)(Appearance for Plaintiff: Janine Stanisz)(Appearance for Defendant: Sandra Wunderlich, Timothy Wolf and Benjamin McIntosh) (LNJ) |
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Filing 15
ORDER: IT IS HEREBY ORDERED that Plaintiff's emergency motion for oral argument (Doc. 10 ) on its emergency motion for extension of a temporary restraining order (Doc. 8 ) is GRANTED. Doc. 10 . A hearing on the motion is set for today, August 25, 2022, at 11:00 a.m. via Zoom videoconference. The parties and counsel may join the videoconference at zoomgov.com, meeting ID 160 878 4858, password 512702. The general public may listen to the hearing by calling 1-669-254-5252 and entering meeting ID 160 878 4858. IT IS FURTHER ORDERED that counsels motions for leave to appear pro hac vice are GRANTED. Docs. #6 and #7 . (Motion Hearing set for 8/25/2022 11:00 AM in Zoom Video Conference before District Judge John A. Ross.). Signed by District Judge John A. Ross on 8/25/2022. (CLT)
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| Filing 14 ENTRY of Appearance by Benjamin Stephen McIntosh for Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Market Bermuda LTD., Oil Casualty Insurance LTD.. (McIntosh, Benjamin) |
| Filing 13 RESPONSE re 8 by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Market Bermuda LTD., Oil Casualty Insurance LTD. (Wolf, Timothy) Modified to link to correct motion and update docket text on 8/25/2022 (CLT). |
| Filing 12 ENTRY of Appearance by Sandra Jane Wunderlich for Defendants Ace American Insurance Company, Argo RE LTD., Certain Underwriter's at Lloyd's London Subscribing to Policy No. B0702PN306460o, Certain Underwriter's at Lloyd's of London Subscribing to Policy No. B0702PN301500o, Certain Underwriters at Lloyd's London Subscribing to Policy No. B0702PN3014400, Houston Specialty Insurance Company, RSUI Indemnity Company. (Wunderlich, Sandra) |
| Filing 11 ENTRY of Appearance by Mark G. Boyko for Plaintiff Foresight Energy, LLC. (Boyko, Mark) |
| Filing 9 MEMORANDUM in Support of Motion re 8 Emergency EX PARTE MOTION FOR EXTENSION OF TEMPORARY RESTRAINING ORDER filed by Plaintiff Foresight Energy, LLC. (Boyko, Mark) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Colin M. Davis. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9471338) by Plaintiff Foresight Energy, LLC. (Attachments: #1 Certificate of Good Standing)(Davis, Colin) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Janine M. Stanisz. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9471319) by Plaintiff Foresight Energy, LLC. (Attachments: #1 Certificate of Good Standing)(Stanisz, Janine) |
| Filing 5 ENTRY of Appearance by Jeffrey Baron for Plaintiff Foresight Energy, LLC (Baron, Jeffrey) |
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Filing 4
TEMPORARY RESTRAINING ORDER. Signed by Judge Joan L. Moriarty of the City of St. Louis Circuit Court on 8/17/2022. (JBH)
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| Filing 3 Petition (Removal/Transfer) Received From: St. Louis City Circuit Court, filed by Foresight Energy, LLC.(JBH) |
| Filing 2 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Market Bermuda LTD., Oil Casualty Insurance LTD. Sent To: Plaintiff (Wolf, Timothy) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court City of St. Louis, Missouri, case number 2222-CC09273, with receipt number AMOEDC-9470197, in the amount of $402 Non-Jury Demand,, filed by Oil Casualty Insurance LTD., Allied World Assurance Company AG, Arch Reinsurance LTD., Market Bermuda LTD.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Original Filing Form Original Filing Form, #3 Exhibit A, #4 Exhibit B)(Wolf, Timothy) |
| Case Opening Notification. Judge Assigned: Honorable John A. Ross. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). (JWD) |
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