NECO, Inc. v. Owners Insurance Company
Plaintiff: NECO, Inc. d/b/a Play It Again Sports and NECO, Inc. doing business as Play It Again Sports
Defendant: Owners Insurance Company
Case Number: 2:2020cv04211
Filed: October 28, 2020
Court: US District Court for the Western District of Missouri
Presiding Judge: Stephen R Bough
Referring Judge: Willie J Epps
Nature of Suit: Insurance
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 22, 2020 Filing 24 NOTICE OF VIDEO HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Settlement Conference set for 4/8/2021 08:00 AM in Video Teleconference - Jefferson City before Magistrate Judge Willie J. Epps, Jr. Parties are directed to review the MAP General Order docketed in this case. All persons with actual settlement authority are required to attend the mediation. Additionally, if an insurance representative's approval is required to settle, they must attend. Parties are also directed to submit a combined mediation statement, of no more than three (3) pages, to angel_geiser@mow.uscourts.gov at least three (3) business days prior to the mediation. Video Teleconference link will be provided to the parties by email. (Geiser, Angel)
December 16, 2020 Opinion or Order Filing 23 RULE 16 NOTICE. Proposed scheduling order due by 1/29/2021. Telephonic Scheduling Conference set for 2/9/2021 at 9:00 AM before District Judge Stephen R. Bough, conference call-in numbers will be provided to counsel via email the week prior to the scheduling conference. Signed on 12/16/2020 by District Judge Stephen R. Bough. (Richard, Tracey)
December 14, 2020 Filing 22 Before the Court is Plaintiffs Motion for Enlargement of Time (Doc. #21). For good cause shown and as Defendant does not oppose, the motion is GRANTED. Plaintiff is hereby granted an extension of time up to and including December 29, 2020, to file its Amended Complaint. Signed on 12/14/2020 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu)
December 14, 2020 Filing 21 MOTION for extension of time to amend #1 Notice of Removal, Plaintiff NeCo, Inc.'s Motion for Enlargement of Time to Amend Complaint filed by James M. Powell on behalf of NECO, Inc.. Suggestions in opposition/response due by 12/28/2020 unless otherwise directed by the court. (Related document(s) #1 ) (Powell, James)
December 4, 2020 Filing 20 Before this Court is Defendants Motion to Dismiss (Doc. #6). Based upon the reasoning in BBMS, LLC v. Contl Cas. Co., No. 20-cv-00353-BP (W.D. Mo. Nov. 30, 2020), the Complaint fails to state a claim for which relief can be granted. However, Plaintiff NECO, Inc. has requested an opportunity to leave to file an Amended Complaint. Under Federal Rule of Civil Procedure Rule 15(a), leave to amend should be freely given when justice so requires. Some Courts have found an amendment to be futile when the plaintiffs assertions contradicted the admissions he made in his original complaint. ecoNugenics, Inc. v. Bioenergy Life Sci., Inc., 355 F. Supp 3d 785, 794 (D. Minn. 2019) (internal citations omitted). However, the Court is persuaded by Tension Envelope Corp., which notes that a [Plaintiff]... is allowed to plead alternative theories of recovery. Tension Envelope Corp. V. JBM Envelope Co., No. 14-567-CV-W-FJG, 2015 U.S. Dist. LEXIS 25348, at *37 (W.D. Mo. Mar. 3, 2015) (granting the motion to leave to file an amended complaint). Accordingly, the Court does not find that NECO, Inc.s amendment would be futile. The Court hereby grants Plaintiffs request to amend its Complaint. Plaintiff shall have ten days to electronically file its Amended Complaint. The Motion to Dismiss (Doc. #6) is DENIED WITHOUT PREJUDICE. Signed on 12/4/2020 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu)
December 4, 2020 Filing 19 Minute Entry. Proceedings held before District Judge Stephen R. Bough: ORAL ARGUMENT regarding #6 Defendant's Motion to Dismiss held 12/4/2020. Counsel appearing for Plaintiff(s): Daniel Schlessinger and James Powell. Counsel appearing for Defendant(s): Todd Noteboom George Verschelden and Emily Asp. Time in court: 10:00 am to 10:25 am. To order a transcript of this hearing please contact Judy Moore, 816-512-5622, judy_moore@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
December 3, 2020 Filing 18 SUPPLEMENT Notice of Supplemental Authority in Support of Defendant Owners Insurance Company's Motion to Dismiss. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Related document(s) #6 ) (Verschelden, George)
December 2, 2020 Filing 17 REPLY SUGGESTIONS to motion re #6 MOTION to dismiss case Reply in Support of Motion to Dismiss filed by George Francis Verschelden on behalf of Defendant Owners Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Related document(s) #6 ) (Verschelden, George)
November 18, 2020 Filing 16 SUGGESTIONS in opposition re #6 MOTION to dismiss case 2:20-CV-04211-WJE filed by James M. Powell on behalf of Plaintiff NECO, Inc.. Reply suggestions due by 12/2/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B, #3 Exhibit EXHIBIT C, #4 Exhibit EXHIBIT D)(Related document(s) #6 ) (Powell, James)
November 13, 2020 Opinion or Order Filing 15 ORDER granting #14 motion to appear pro hac vice entered by Clerk of Court. Attorney Daniel I Schlessinger for NECO, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
November 13, 2020 Filing 14 Motion to allow Daniel I. Schlessinger to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7143894) filed by James M. Powell on behalf of NECO, Inc.. (Powell, James) (Main Document 14 replaced on 11/13/2020) (Berner, Crystal). Modified and replaced with signed copy on 11/13/2020 (Berner, Crystal).
November 12, 2020 Filing 13 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Oral Argument on Defendant's Motion to Dismiss Doc. #6 is set for 12/4/2020 at 10:00 AM via Zoom before District Judge Stephen R. Bough. (Richard, Tracey)
November 10, 2020 Opinion or Order Filing 12 ORDER TRANSFERRING/REASSIGNING CASE. Pursuant to Local Rule 83.9(c) and with the consent of District Judge Stephen R. Bough and Magistrate Judge Willie J. Epps, Jr., this case is reassigned to District Judge Stephen R. Bough for all further proceedings. Signed on 11/10/2020 by Magistrate Judge Willie J. Epps, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Hayter, Cailynn)
November 5, 2020 Opinion or Order Filing 11 ORDER granting #9 motion to appear pro hac vice entered by Clerk of Court. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
November 5, 2020 Opinion or Order Filing 10 ORDER granting #8 motion to appear pro hac vice entered by Clerk of Court. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
November 5, 2020 Filing 9 Motion to allow Emily M. Asp to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7131157) filed by George Francis Verschelden on behalf of Owners Insurance Company. (Verschelden, George)
November 5, 2020 Filing 8 Motion to allow Todd A. Noteboom to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7131131) filed by George Francis Verschelden on behalf of Owners Insurance Company. (Verschelden, George)
November 4, 2020 Filing 7 SUGGESTIONS in support re #6 MOTION to dismiss case filed by George Francis Verschelden on behalf of Defendant Owners Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Related document(s) #6 ) (Verschelden, George)
November 4, 2020 Filing 6 MOTION to dismiss case filed by George Francis Verschelden on behalf of Owners Insurance Company. Suggestions in opposition/response due by 11/18/2020 unless otherwise directed by the court. (Verschelden, George)
October 28, 2020 Opinion or Order Filing 5 ORDER ON PRETRIAL PROCEDURES. Service must be obtained on all defendants within forty (40) days of the date of this Order unless otherwise authorized by the Court. Signed on 10/28/2020 by Magistrate Judge Willie J. Epps, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel)
October 28, 2020 Filing 4 CERTIFICATE OF SERVICE by Owners Insurance Company Notification of Removal from Boone County Circuit Court filed by George Francis Verschelden on behalf of Defendant Owners Insurance Company.(Verschelden, George)
October 28, 2020 NOTICE OF MAGISTRATE ASSIGNMENT as to plaintiff: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge assignment. Click # here for instructions. Plaintiff's form due by 11/18/2020 unless otherwise directed by the court. (Warren, Melissa)
October 28, 2020 Filing 3 DISCLOSURE OF CORPORATE INTERESTS filed by George Francis Verschelden on behalf of Defendant Owners Insurance Company.(Verschelden, George)
October 28, 2020 NOTICE OF MAGISTRATE ASSIGNMENT as to defendant: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge assignment. Click # here for instructions. Defendant's form due by 11/18/2020 unless otherwise directed by the court. (Warren, Melissa)
October 28, 2020 Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR DEADLINES AND REQUIREMENTS.Notice of MAP assignment to United States Magistrate Judge Willie J. Epps. (Attachments: #1 MAP General Order)(Warren, Melissa)
October 28, 2020 Filing 1 NOTICE OF REMOVAL from Circuit Court of Boone County, Missouri County, case number 20BA-CV03022, Owners Insurance Company. Filing fee $ 400, receipt number AMOWDC-7117657. (Attachments: #1 Exhibit Exhibit A Summons and Petition, #2 Civil Cover Sheet Civil Cover Sheet)(Verschelden, George)

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Plaintiff: NECO, Inc. d/b/a Play It Again Sports
Represented By: Daniel I Schlessinger
Represented By: James M. Powell
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Plaintiff: NECO, Inc. doing business as Play It Again Sports
Represented By: Daniel I Schlessinger
Represented By: James M. Powell
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Defendant: Owners Insurance Company
Represented By: Emily M. Asp
Represented By: George Francis Verschelden
Represented By: Todd A Noteboom
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