Parc Lorraine Condominium Association V. Philadelphia Indemnity Insurance Company
| Parc Lorraine Condominium Association |
| Philadelphia Indemnity Insurance Company |
| 4:2024cv00228 |
| February 14, 2024 |
| US District Court for the Eastern District of Missouri |
| Stephen R Clark |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 32 MEMORANDUM in Support of Motion re #31 MOTION to Dismiss Count III of Plaintiff's Amended Complaint filed by Defendant Philadelphia Indemnity Insurance Company. (Brady, Robert) |
| Filing 31 MOTION to Dismiss Count III of Plaintiff's Amended Complaint by Defendant Philadelphia Indemnity Insurance Company. (Brady, Robert) |
| Filing 30 ANSWER to #28 Amended Complaint, by Philadelphia Indemnity Insurance Company.(Brady, Robert) |
| Filing 29 Docket Text ORDER: The Court denies as moot Philadelphia Indemnity Insurance Company's #17 Motion to Dismiss or Alternative Motion to Strike Plaintiff's Count for Declaratory Judgment. Signed by Chief District Judge Stephen R. Clark on 4/1/2024. (LNJ) |
| Filing 28 AMENDED COMPLAINT against defendant Philadelphia Indemnity Insurance Company Amendment to #1 Complaint, filed by Parc Lorraine Condominium Association. Related document: #1 Complaint, filed by Parc Lorraine Condominium Association. (LNJ) |
| Filing 27 Docket Text ORDER: The Court grants Plaintiff Parc Lorraine Condominium Association's #23 Motion for Leave to Amend. The Court directs the Clerk of Court to file the amended complaint separately. The Court orders Defendant Philadelphia Indemnity Insurance Company to file, no later than April 8, 2024, its motion to dismiss count three of the amended complaint and its answer to counts one and two of the amended complaint. Signed by Chief District Judge Stephen R. Clark on 4/1/2024. (LNJ) |
| Filing 26 STIPULATION re 25 Electronic Notice of Filing Deficiency,, Stipulation to Amend Complaint by Plaintiff Parc Lorraine Condominium Association. (Remick, Anthony) |
| Filing 25 NOTICE of Filing Deficiency re #23 MOTION for Leave to Amend Complaint filed by Plaintiff Parc Lorraine Condominium Association. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: A proposed amendment to a pleading or amended pleading itself must be submitted at the time a motion for leave to amend any pleading is filed. All new material in the amended pleading must be underlined and all material being removed must be struck through. Counsel is directed to file a Supplement with the marked proposed amendment attached. (JAB) |
| Filing 24 SUPPLEMENTAL re #23 Stipulation Proposed Order by Plaintiff Parc Lorraine Condominium Association. (Remick, Anthony) |
| Filing 23 MOTION for Leave to Amend Complaint Stipulation to Amend Complaint by Plaintiff Parc Lorraine Condominium Association. (Remick, Anthony) Modified on 3/29/2024; corrected from stipulation to motion (JAB). |
| Filing 22 Docket Text ORDER: Upon review of Parc Lorraine Condominium Association's response, doc. 21, and its original complaint, the Court discharges its show-cause orders, docs. #7 , #12 , #14 . The Court also acknowledges that Parc Lorraine represented that it will file a motion for leave to amend its complaint, doc. 21 at 1, presumably to include the information included in its response that establishes the parties' diverse citizenship. The Court orders Parc Lorraine to file, no later than March 29, 2024, its motion seeking leave to amend its complaint. Signed by Chief District Judge Stephen R. Clark on 3/25/2024. (CLT) |
| Filing 21 RESPONSE TO ORDER TO SHOW CAUSE re #7 Order to Show Cause,,, Reponse to Show Cause by Plaintiff Parc Lorraine Condominium Association filed by Plaintiff Parc Lorraine Condominium Association. (Remick, Anthony) |
| Filing 20 ENTRY of Appearance by Benjamin Eric Niemeyer for Defendant Philadelphia Indemnity Insurance Company. (Niemeyer, Benjamin) |
| Filing 19 DISCLOSURE STATEMENT by Philadelphia Indemnity Insurance Company, Tokio Marine Holding, Inc., Tokio Marine & Nichido Fire Ins. Co., LTD, Philadelphia Consolidated Holding Corp., Philadelphia Indemnity Insurance Company.. (Brady, Robert) (Main Document 19 replaced on 3/18/2024) (CLT). |
| Filing 18 MEMORANDUM in Support of Motion re #17 MOTION to Dismiss Case Defendant's Motion to Dismiss or Alternative Motion to Strike Plaintiff's Count for Declaratory Judgment filed by Defendant Philadelphia Indemnity Insurance Company. (Brady, Robert) |
| Filing 17 MOTION to Dismiss Case Defendant's Motion to Dismiss or Alternative Motion to Strike Plaintiff's Count for Declaratory Judgment by Defendant Philadelphia Indemnity Insurance Company. (Brady, Robert) |
| Filing 16 ANSWER to #1 Complaint, by Philadelphia Indemnity Insurance Company.(Brady, Robert) |
| Filing 15 ENTRY of Appearance by Robert L. Brady for Defendant Philadelphia Indemnity Insurance Company. (Brady, Robert) |
| Filing 14 THIRD SHOW CAUSE ORDER: On March 4, 2024, the Court ordered Parc Lorraine Condominium Association to show cause why the Court should not dismiss this case for lack of subject-matter jurisdiction. Doc. 7. Parc Lorraine filed a response and several supporting exhibits, including a proposed amended complaint. Doc. 10. The Court, however, found that the record still lacked enough information to determine whether this case is between citizens of different states. Doc. 12. Accordingly, the Court issued a second show-cause order requiring Parc Lorraine to show cause, no later than March 13, 2024, why the Court should not dismiss this case for lack of subject-matter jurisdiction. Id. Parc Lorraine did not file a response. Accordingly, the Court orders Parc Lorraine to show cause, no later than March 20, 2024, why the Court should not dismiss this case for lack of subject-matter jurisdiction. If Parc Lorraine seeks to file an amended complaint, it must file a motion seeking leave to do so that complies with Local Rule 4.07 and the undersigned's Judge's Requirements. Failure to comply with this order will result in the Court dismissing this case without further notice. (Show Cause Response due by 3/20/2024.) Signed by Chief District Judge Stephen R. Clark on 3/15/2024. (CLT) |
| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE re #7 Order to Show Cause,,, Reponse to Show Cause by Plaintiff Parc Lorraine Condominium Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Remick, Anthony) |
| Filing 12 SHOW-CAUSE ORDER: Accordingly, the Court orders Parc Lorraine to show cause, no later than March 13, 2024, why the Court should not dismiss this case for lack of subject-matter jurisdiction. If Parc Lorraine seeks to file an amended complaint, it must file a motion seeking leave to do so that complies with Local Rule 4.07 and the undersigneds Judge Requirements. Failure to comply with this order may result in the Court dismissing this case without further notice. (SEE ORDER FOR DETAILS). (Show Cause Response due by 3/13/2024.) Signed by Chief District Judge Stephen R. Clark on 3/11/2024. (LNJ) |
| Filing 11 NOTICE of Filing Deficiency re #10 Response to Order to Show Cause, filed by Plaintiff Parc Lorraine Condominium Association. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: The attorney's signature on the signature block must match the name of the e-filer. This is an informational notice and no further action is needed at this time. All future filings must be in compliance with this rule. (LNJ) |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE re #7 Order to Show Cause,,, Reponse to Show Cause by Plaintiff Parc Lorraine Condominium Association filed by Plaintiff Parc Lorraine Condominium Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Remick, Anthony) |
| Filing 9 Docket Text ORDER: The Court orders the parties to review and comply with the undersigned's Judge's Requirements, located on the Eastern District of Missouri's court website: #Chief Judge Stephen R. Clark's Requirements. The undersigned periodically updates his Judge's Requirements, and the parties must ensure that they are complying with the most recent version before filing any document. Failure to comply with the requirements may result in the imposition of "sanction[s] or other disadvantage." Fed. R. Civ. P. 83(b). Signed by Chief District Judge Stephen R. Clark on 3/6/2024. (KXS) |
| Filing 8 AMENDED DISCLOSURE STATEMENT by Parc Lorraine Condominium Association. No corporate parents or affiliates identified. (Remick, Anthony) |
| Filing 7 SHOW CAUSE ORDER: On February 14, 2024, Parc Lorraine Condominium filed its complaint in this case, asserting that the Court has subject-matter jurisdiction under 28 U.S.C. 1332. Doc. 1 at 2. Upon review of the complaint, the Court finds that the pleading fails to establish that the Court has jurisdiction. Specifically, Plaintiff's complaint lacks enough information to determine whether this case is between citizens of different states. See 1332(a)(1). Accordingly, the Court orders Plaintiff to show cause no later than March 11, 2024, why the Court should not dismiss this case for lack of subject-matter jurisdiction. (Show Cause Response due by 3/11/2024.) Signed by Chief District Judge Stephen R. Clark on 3/4/24. (JAB) |
| Filing 6 Docket Text ORDER: The Court acknowledges that Plaintiff Parc Lorraine Condominium Association filed a disclosure statement. Doc. 5. Plaintiff, however, utilized an outdated version of the court-provided form. Accordingly, the Court orders Plaintiff to file, no later than March 11, 2024, an amended disclosure statement using the current version of the form. Signed by Chief District Judge Stephen R. Clark on 3/4/24. (JAB) |
| Filing 5 DISCLOSURE STATEMENT by Parc Lorraine Condominium Association. No corporate parents or affiliates identified. (Remick, Anthony) Modified on 3/4/2024 REMARK - emailed atty A. Remick 03/04/24 for MOED-0001 form with section 2 filled out (ANR). |
| Filing 4 Electronic Notice re: Disclosure Statement to Plaintiff Parc Lorraine Condominium Association. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (CLT) |
| Filing 3 Docket Text ORDER: The Court orders the parties to review and comply with the undersigned's Judge's Requirements, located on the Eastern District of Missouri's court website. Failure to comply with these requirements may result in the imposition of "sanction[s] or other disadvantage." Fed. R. Civ. P. 83(b). Signed by Chief District Judge Stephen R. Clark on 2/15/2024. (LNJ) |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiff Parc Lorraine Condominium Association Process Server: Metro Legal Services (JBH) |
| Filing 1 COMPLAINT against defendant Philadelphia Indemnity Insurance Company with receipt number AMOEDC-10438881, in the amount of $405 Jury Demand,, filed by Parc Lorraine Condominium Association. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Original Filing Form Original Filing Form, #3 Summons Summons, #4 Supplement Notice of Intent to Use Process Server)(Remick, Anthony) Modified on 2/14/2024 to correct docket text (JBH). |
| Case Opening Notification. Judge Assigned: Honorable Stephen R. Clark. 1 Summons(es) issued and emailed to Anthony Alton Remick. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). (JBH) |
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