Safeco Insurance Company of America v. Brite et al
| Safeco Insurance Company of America |
| David Andrews, Hailey Andrews, Ben D. Brite and Cheryl F. Brite |
| 4:2021cv00193 |
| March 24, 2021 |
| US District Court for the Western District of Missouri |
| Gary A Fenner |
| Howard F Sachs |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgement |
| Defendant |
Docket Report
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This docket was last retrieved on December 28, 2021. A more recent docket listing may be available from PACER.
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Filing 43
Order: The action shall be dismissed with prejudice. Signed on 12/28/2021 by District Judge Howard F. Sachs. (Kern, Kendra)
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| Filing 42 NOTICE of voluntary dismissal by Safeco Insurance Company of America (Lynn Baltzell, Sarah) |
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Filing 41
ORDER. Defendants David and Hailey Andrews Unopposed Motion for Extension of Time to File Responsive Pleadings (Doc. #40 ) is GRANTED. Defendants David and Hailey Andrews Unopposed Motion for Extension of Time to File Initial Disclosures (Doc. #37 ) is GRANTED. Signed on 9/30/2021 by District Judge Howard F. Sachs. (Nolte, Melissa)
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| Filing 40 Second MOTION for extension of time to file answer to Plaintiff's Safeco Insurance Company of America's First Amended Complaint for Declaratory Judgment filed by Joseph M. Backer on behalf of David Andrews, Hailey Andrews. Suggestions in opposition/response due by 10/12/2021 unless otherwise directed by the court. (Backer, Joseph) |
| Filing 39 CERTIFICATE of counsel of Service of Initial Disclosures by Joseph M. Backer on behalf of David Andrews, Hailey Andrews (Backer, Joseph) |
| Filing 38 ANSWER to #30 Amended Complaint on behalf of Ben D. Brite, Cheryl F. Brite.(Rew, Jason) |
| Filing 37 First MOTION for extension of time To File Defendants David and Hailey Andrews' Initial Disclosures filed by Joseph M. Backer on behalf of David Andrews, Hailey Andrews. Suggestions in opposition/response due by 10/1/2021 unless otherwise directed by the court. (Backer, Joseph) |
| Filing 36 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Jason K. Rew on behalf of Defendants Ben D. Brite, Cheryl F. Brite.(Rew, Jason) |
| Filing 35 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Sarah E. Lynn Baltzell on behalf of Plaintiff Safeco Insurance Company of America.(Lynn Baltzell, Sarah) |
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Filing 34
ORDER granting #33 AMENDED MOTION for leave extending time to file defendants David and Hailey Andrews' suggestions in opposition. Suggestions in Opposition to Plaintiff Safeco Insurance Company of America's First Amended Motion for Declaratory Judgment on the Pleadings must be filed on or before Monday, September 27, 2021. Signed on 9/14/2021 by District Judge Howard F. Sachs. (Nolte, Melissa)
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| Filing 33 Amended MOTION for extension of time to file answer re #30 Amended Complaint to Plaintiff's Safeco Insurance Company of America's First Amended Complaint for Declaratory Judgment filed by Joseph M. Backer on behalf of David Andrews, Hailey Andrews. Suggestions in opposition/response due by 9/27/2021 unless otherwise directed by the court. (Related document(s) #30 ) (Backer, Joseph) |
| Filing 32 First MOTION for extension of time to file response/reply to Plaintiff's Safeco Insurance Company of America's First Amended Motion for Declaratory Judgment on the Pleadings filed by Joseph M. Backer on behalf of David Andrews, Hailey Andrews. Suggestions in opposition/response due by 9/24/2021 unless otherwise directed by the court. (Backer, Joseph) |
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Filing 31
ORDER. Safeco's pending motion for judgment on the pleadings is DENIED as moot (Doc. #17 ). Signed on 9/3/21 by District Judge Howard F. Sachs.(Murphy-Carr, Shauna) (Main Document 31 replaced with corrected order on 9/3/2021 - NEF regenerated) (Murphy-Carr, Shauna).
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| Filing 30 FIRST AMENDED COMPLAINT FOR DECLARATORY JUDGMENT. (Murphy-Carr, Shauna) |
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Filing 29
ORDER granting #28 Motion for Leave to file First Amended Complaint for Declaratory Judgement. Safeco's First Amended Complaint for Declaratory Judgment, attached as Exhibit 1 to its Motion, is deemed authorized and filed on the date of this Order. Signed on 9/1/2021 by District Judge Howard F. Sachs. (Nolte, Melissa)
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| Filing 28 MOTION for leave to file First Amended Complaint for Declaratory Judgment filed by Sarah E. Lynn Baltzell on behalf of Safeco Insurance Company of America. Suggestions in opposition/response due by 9/14/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit First Amended Complaint, #2 Exhibit Email)(Lynn Baltzell, Sarah) |
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Filing 27
ORDER granting #26 motion for extension of time to file response/reply re #17 MOTION for judgment on the pleadings . Defendants, David and Hailey Andrews' Suggestions in Opposition to Plaintiff Safeco Insurance Company of America's Motion for Judgment on the Pleadings must be filed on or before Monday, September 06, 2021. Signed on 8/24/21 by District Judge Howard F. Sachs. (Murphy-Carr, Shauna) (Main Document 27 replaced on 8/24/2021 to attach correct document -NEF regenerated) (Murphy-Carr, Shauna).
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| Filing 26 Joint MOTION for extension of time to file response/reply as to #17 MOTION for judgment on the pleadings filed by Joseph M. Backer on behalf of David Andrews, Hailey Andrews. Suggestions in opposition/response due by 9/7/2021 unless otherwise directed by the court. (Related document(s) #17 ) (Backer, Joseph) |
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Filing 25
ORDER granting defendant's #24 motion for extension of time to file responsere #17 MOTION for judgment on the pleadings . Defendants, David and Hailey Andrews' Suggestions in Opposition to Plaintiff Safeco Insurance Company of America's Motion for Judgment on the Pleadings must be filed on or before Tuesday, August 23, 2021. Signed on 8/20/2021 by District Judge Howard F. Sachs. (Murphy-Carr, Shauna)
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| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 8/19/2021 as Document No. 24.1, Proposed order. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy shauna_murphycarr@mow.uscourts.gov in Word format. This is a text entry only - no document is attached. (Kern, Kendra) |
| Filing 24 MOTION for extension of time to file response/reply to Plaintiff Safeco Insurance's Motion for Judgment on the Pleadings filed by Joseph M. Backer on behalf of David Andrews, Hailey Andrews. Suggestions in opposition/response due by 9/2/2021 unless otherwise directed by the court. (Attachments: # 1 Notice of Exhibit Attachment Defendant David and Hailey Andrews Proposed Order)(Backer, Joseph) |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP) |
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Filing 23
SCHEDULING ORDER: Discovery due by 1/15/2022. Dispositive Motions due by 2/15/2022. Proposed Witness List due by 4/29/2022. Proposed Exhibit List due by 4/29/2022. Proposed Pretrial order due by 7/15/2022. Signed on 8/16/2021 by District Judge Howard F. Sachs. (Murphy-Carr, Shauna)
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Filing 22
ORDER granting #19 motion for extension of time to file Suggestions in Opposition. Defendants, David and Hailey Andrews' Suggestions in Opposition to Plaintiff Safeco Insurance Company of America's Motion for Judgment on the Pleadings must be filed on or before Friday, August 13, 2021. Signed on 8/16/2021 by District Judge Howard F. Sachs. (Murphy-Carr, Shauna)
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| Filing 21 DESIGNATION OF MEDIATOR naming Hon. Victor Howard(Lynn Baltzell, Sarah) |
| Filing 20 Joint PROPOSED SCHEDULING ORDER and Discovery Plan by Safeco Insurance Company of America. (Lynn Baltzell, Sarah) |
| Filing 19 MOTION for extension of time to file response/reply to Plaintiff Safeco Insurance's Motion for Judgment on the Pleadings filed by Joseph M. Backer on behalf of David Andrews, Hailey Andrews. Suggestions in opposition/response due by 8/13/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit Proposed Order Granting Extension of Time)(Backer, Joseph) |
| Filing 18 SUGGESTIONS in support re #17 MOTION for judgment on the pleadings filed by Sarah E. Lynn Baltzell on behalf of Counter Defendant Safeco Insurance Company of America, Plaintiff Safeco Insurance Company of America. (Related document(s) #17 ) (Lynn Baltzell, Sarah) |
| Filing 17 MOTION for judgment on the pleadings filed by Sarah E. Lynn Baltzell on behalf of Safeco Insurance Company of America. Suggestions in opposition/response due by 7/30/2021 unless otherwise directed by the court. (Lynn Baltzell, Sarah) |
| Filing 16 ANSWER to Counterclaim on behalf of Safeco Insurance Company of America.(Lynn Baltzell, Sarah) |
| Filing 15 Defendant David and Hailey Andrews' ANSWER to #1 Complaint,, with Jury Demand and Affirmative Defenses, First COUNTERCLAIM against Ben D. Brite, Cheryl F. Brite, Safeco Insurance Company of America on behalf of David Andrews, Hailey Andrews.(Backer, Joseph) |
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Filing 14
ORDER entered by Judge Howard F. Sachs granting #11 Motion for Extension of Time to Answer. Defendants, David and Hailey Andrews' Answer, Affirmative Defenses, and Counterclaim to Plaintiff's Complaint for Declaratory Judgment must be filed on or before Friday, July 9, 2021. Signed on 7/1/21 by District Judge Howard F. Sachs. (Murphy-Carr, Shauna)
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| NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) |
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Filing 13
RULE 16 NOTICE entered by Judge Howard F. Sachs. Proposed scheduling order due by 8/12/2021. Signed on 6/28/2021 by District Judge Howard F. Sachs. (Murphy-Carr, Shauna)
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| Filing 12 Defendants David and Hailey Andrews' Affirmative Defenses and ANSWER to #1 Complaint,, with Jury Demand , Proposed COUNTERCLAIM of Defendants/ Counterclaim Plaintiffs' David and Hailey Andrews against Ben D. Brite, Cheryl F. Brite, Safeco Insurance Company of America on behalf of David Andrews, Hailey Andrews.(Backer, Joseph) |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 6/21/21 as Document No. 11, First MOTION for extension of time to file answer out of time. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Ellis, Lindsey) |
| Filing 11 First MOTION for extension of time to file answer out of time filed by Joseph M. Backer on behalf of David Andrews, Hailey Andrews. Suggestions in opposition/response due by 7/6/2021 unless otherwise directed by the court. (Attachments: # 1 Exhibit Proposed Order Granting Leave to Answer Out of Time)(Backer, Joseph) |
| Filing 10 NOTICE of appearance by Joseph M. Backer on behalf of David Andrews, Hailey Andrews (Attorney Joseph M. Backer added to party David Andrews(pty:dft), Attorney Joseph M. Backer added to party Hailey Andrews(pty:dft))(Backer, Joseph) |
| Filing 9 Defendant's ANSWER to #1 Complaint,, Jason K. Rew on behalf of Ben D. Brite, Cheryl F. Brite.(Attorney Jason K. Rew added to party Ben D. Brite(pty:dft), Attorney Jason K. Rew added to party Cheryl F. Brite(pty:dft))(Rew, Jason) |
| Filing 8 RETURN OF SERVICE of complaint executed by Safeco Insurance Company of America. Cheryl F. Brite served on 5/4/2021, answer due 5/25/2021. (Lynn Baltzell, Sarah) |
| Filing 7 RETURN OF SERVICE of complaint executed by Safeco Insurance Company of America. Ben D. Brite served on 5/4/2021, answer due 5/25/2021. (Lynn Baltzell, Sarah) |
| SUMMONS ISSUED as to Ben D. Brite, Cheryl F. Brite. (Woods, Gloria) |
| Filing 6 RETURN OF SERVICE of complaint executed by Safeco Insurance Company of America. Hailey Andrews served on 4/18/2021, answer due 5/10/2021. (Lynn Baltzell, Sarah) |
| Filing 5 RETURN OF SERVICE of complaint executed by Safeco Insurance Company of America. David Andrews served on 4/18/2021, answer due 5/10/2021. (Lynn Baltzell, Sarah) |
| SUMMONS ISSUED as to David Andrews, Hailey Andrews. (Woods, Gloria) |
| Filing 4 ADMINISTRATIVE TRANSFER. Due to a conflict of interest by the Honorable Gary A. Fenner, this case has been randomly reassigned to the Honorable Howard F. Sachs for all further proceedings. Please note the new case number: 4:21-00193-CV-W-HFS. This is a TEXT ONLY ENTRY. No document is attached. (Jones, Robin) |
| Filing 3 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 2 DISCLOSURE OF CORPORATE INTERESTS filed by Sarah E. Lynn Baltzell on behalf of Plaintiff Safeco Insurance Company of America.(Lynn Baltzell, Sarah) |
| Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT against All Defendants filed by Sarah E. Lynn Baltzell on behalf of Safeco Insurance Company of America. Filing fee $402, receipt number AMOWDC-7346756. Service due by 6/22/2021 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - Blue Jacket Homeowners Policy, #3 Exhibit B - Asbury Homeowners Policy, #4 Exhibit C - Petition, #5 Exhibit D - First Amended Petition, #6 Exhibit E - Denial Letter, #7 Exhibit F - Purported 065 Agreement, #8 Exhibit G - Arbitration Agreement)(Lynn Baltzell, Sarah) |
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