Cincinnati Insurance Company, Inc., The v. Harbinger, LLC
Plaintiff: Cincinnati Insurance Company, Inc., The
Defendant: Harbinger, LLC doing business as Brewery Emperial
Case Number: 4:2021cv00527
Filed: July 22, 2021
Court: US District Court for the Western District of Missouri
Office: Kansas City Office
Presiding Judge: Roseann Ketchmark
Referring Judge: Brian C Wimes
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 30, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2021 Opinion or Order Filing 33 Order of Dismissal without prejudice per #32 STIPULATION of dismissal WITHOUT PREJUDICE. Signed on August 30, 2021 by District Judge Roseann Ketchmark. (Wheeler, LaTandra)
July 29, 2021 Opinion or Order Filing 32 STIPULATION of dismissal WITHOUT PREJUDICE by Cincinnati Insurance Company, Inc., The. (Brown, Michael)
July 26, 2021 Opinion or Order Filing 31 ADMINISTRATIVE TRANSFER. Due to a conflict of interest by the Honorable Brian C. Wimes, this case has been randomly reassigned to the Honorable Roseann Ketchmark for all further proceedings. Please note the new case number: 4:21-00527-CV-W-RK. This is a TEXT ONLY ENTRY. No document is attached. (Jones, Robin)
July 26, 2021 Opinion or Order NOTICE OF HEARING CANCELLATION - The Status Teleconference scheduled for 9/1/2021 10:30 AM has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Anderson, Christy)
July 23, 2021 Opinion or Order Filing 30 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Status Teleconference set for 9/1/2021 10:30 AM before District Judge Brian C. Wimes. Counsel are to use the following information for teleconference participation: Phone Number 877-336-1839; Access Code: 6328169.(Anderson, Christy)
July 22, 2021 Opinion or Order Filing 29 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)(Matthes Mitra, Renea)
July 22, 2021 Opinion or Order Filing 28 CASE TRANSFERRED IN from District of Kansas; Case Number 2:20-cv-02612.
July 22, 2021 Opinion or Order Filing 27 MEMORANDUM AND ORDER granting in part and denying in part #13 Motion to Dismiss for Lack of Jurisdiction. It is further ordered by the Court that this case is transferred to the Western District of Missouri under 28 U.S.C. 1406(a) Signed by District Judge Daniel D. Crabtree on 7/22/2021. (hw) [Transferred from ksd on 7/22/2021.]
July 22, 2021 Opinion or Order ***Civil Case Terminated.(hw) [Transferred from ksd on 7/22/2021.]
May 27, 2021 Opinion or Order Filing 26 NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Kelvin J. Fisher as to Cincinnati Insurance Company, Inc., The (Fisher, Kelvin) [Transferred from ksd on 7/22/2021.]
April 12, 2021 Opinion or Order Filing 25 NOTICE OF SUPPLEMENTAL AUTHORITY by Harbinger, LLC re: MOTION to Dismiss for Lack of Jurisdiction #13 filed by Defendant Harbinger, LLC (Attachments: #1 Exhibit A)(LaCroix, Anthony) [Transferred from ksd on 7/22/2021.]
March 2, 2021 Opinion or Order Filing 24 REPLY TO RESPONSE TO MOTION by Defendant Harbinger, LLC re: #13 Motion to Dismiss/Lack of Jurisdiction (Curry, Daniel) [Transferred from ksd on 7/22/2021.]
February 17, 2021 Opinion or Order Filing 23 ORDER granting 22 the parties' joint oral motion to stay discovery. For the reasons stated on the record during the scheduling conference on February 17, 2021, the court grants the parties' request to stay discovery pending a ruling on #13 defendant's motion to dismiss or transfer. In the event the district judge denies the motion, the parties are directed to submit a status report to the magistrate judge's chambers within seven calendar days of the ruling. The status report should be emailed to ksd_mitchell_chambers@ksd.uscourts.gov and should state the parties' proposed course of action and proposed case-management deadlines. Signed by Magistrate Judge Angel D. Mitchell on 2/17/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh) [Transferred from ksd on 7/22/2021.]
February 17, 2021 Opinion or Order Filing 22 Joint Oral MOTION to Stay Discovery made on the record during the scheduling conference on February 17, 2021. (referred to Magistrate Judge Angel D. Mitchell) (bh) [Transferred from ksd on 7/22/2021.]
February 17, 2021 Opinion or Order Filing 21 MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: SCHEDULING CONFERENCE held on 2/17/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht) [Transferred from ksd on 7/22/2021.]
February 16, 2021 Opinion or Order Filing 20 MEMORANDUM IN OPPOSITION by Plaintiff Cincinnati Insurance Company, Inc., The re #13 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Brown, Michael) [Transferred from ksd on 7/22/2021.]
February 10, 2021 Opinion or Order Filing 19 CERTIFICATE OF SERVICE of Initial Disclosures by Harbinger, LLC. (LaCroix, Anthony) [Transferred from ksd on 7/22/2021.]
February 10, 2021 Opinion or Order Filing 18 CERTIFICATE OF SERVICE of Plaintiff's Initial Rule 26(a)(1) Disclosures by Cincinnati Insurance Company, Inc., The. (Fisher, Kelvin) [Transferred from ksd on 7/22/2021.]
January 26, 2021 Opinion or Order Filing 17 ORDER granting #15 Plaintiff's Unopposed Motion for Extension of Time to File Response to #13 MOTION to Dismiss for Lack of Jurisdiction. Response deadline extended to 2/16/2021. Signed by District Judge Daniel D. Crabtree on 01/26/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig) [Transferred from ksd on 7/22/2021.]
January 25, 2021 Opinion or Order Filing 16 MEMORANDUM IN SUPPORT of #15 Unopposed MOTION for Extension of Time to File Response as to #13 MOTION to Dismiss for Lack of Jurisdiction by Plaintiff Cincinnati Insurance Company, Inc., The(Brown, Michael) [Transferred from ksd on 7/22/2021.]
January 25, 2021 Opinion or Order Filing 15 Unopposed MOTION for Extension of Time to File Response as to #13 MOTION to Dismiss for Lack of Jurisdiction by Plaintiff Cincinnati Insurance Company, Inc., The (Brown, Michael) [Transferred from ksd on 7/22/2021.]
January 25, 2021 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #15 Unopposed MOTION for Extension of Time to File Response as to #13 MOTION to Dismiss for Lack of Jurisdiction. The motion will be resolved by the District Judge.(bh) [Transferred from ksd on 7/22/2021.]
January 12, 2021 Opinion or Order Filing 14 MEMORANDUM IN SUPPORT of #13 MOTION to Dismiss for Lack of Jurisdiction by Defendant Harbinger, LLC (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5)(Curry, Daniel) [Transferred from ksd on 7/22/2021.]
January 12, 2021 Opinion or Order Filing 13 MOTION to Dismiss for Lack of Jurisdiction by Defendant Harbinger, LLC (Curry, Daniel) [Transferred from ksd on 7/22/2021.]
January 12, 2021 Opinion or Order Filing 12 ENTRY OF APPEARANCE by Daniel G. Curry on behalf of Harbinger, LLC. (Curry, Daniel) [Transferred from ksd on 7/22/2021.]
January 5, 2021 Opinion or Order Filing 11 INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 2/17/2021 at 10:00 AM by Telephone ADM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Rule 26 Planning Conference Deadline 1/27/2021. Report of Parties Planning Meeting deadline 2/10/2021. Rule 26 Initial Disclosures Deadline set for 2/10/2021. Signed by Magistrate Judge Angel D. Mitchell on 1/5/2021. (ht) [Transferred from ksd on 7/22/2021.]
December 29, 2020 Opinion or Order Filing 10 CLERKS ORDER EXTENDING TIME until 1/12/2021 for Defendant Harbinger, LLC to answer or otherwise plead. Signed by deputy clerk on 12/29/2020. (ca) [Transferred from ksd on 7/22/2021.]
December 29, 2020 Opinion or Order Filing 9 ENTRY OF APPEARANCE by Anthony E. LaCroix on behalf of Harbinger, LLC. (LaCroix, Anthony) [Transferred from ksd on 7/22/2021.]
December 16, 2020 Opinion or Order Filing 8 CORPORATE DISCLOSURE STATEMENT by Cincinnati Insurance Company, Inc., The identifying Cincinnati Financial Corporation as corporate parent . (Brown, Michael) [Transferred from ksd on 7/22/2021.]
December 14, 2020 Opinion or Order Filing 7 SUMMONS RETURNED EXECUTED -- Personal Service by Cincinnati Insurance Company, Inc., The upon Harbinger, LLC served on 12/8/2020, answer due 12/29/2020 (Brown, Michael) [Transferred from ksd on 7/22/2021.]
December 9, 2020 Opinion or Order Filing 6 EXHIBIT(S) IN SUPPORT of #1 Complaint (attorney), by Plaintiff Cincinnati Insurance Company, Inc., The (Substitution of Exhibit A). (Brown, Michael) [Transferred from ksd on 7/22/2021.]
December 7, 2020 Opinion or Order Filing 5 ENTRY OF APPEARANCE by Kelvin J. Fisher on behalf of The Cincinnati Insurance Company, Inc. (Fisher, Kelvin) [Transferred from ksd on 7/22/2021.]
December 7, 2020 Opinion or Order Filing 4 ENTRY OF APPEARANCE by Michael L. Brown on behalf of The Cincinnati Insurance Company, Inc. (Brown, Michael) [Transferred from ksd on 7/22/2021.]
December 7, 2020 Opinion or Order Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff The Cincinnati Insurance Company, Inc. - trial to be held in Kansas City. (Brown, Michael) [Transferred from ksd on 7/22/2021.]
December 7, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET by Plaintiff The Cincinnati Insurance Company, Inc.. (Brown, Michael) [Transferred from ksd on 7/22/2021.]
December 7, 2020 Opinion or Order Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $402, Internet Payment Receipt Number AKSDC-5343123.), filed by The Cincinnati Insurance Company, Inc.. (Attachments: #1 Exhibit A - Insurance Policy, #2 Exhibit B - August 17 2020 letter, #3 Exhibit C - October 30 2020 letter)(Brown, Michael) [Transferred from ksd on 7/22/2021.]
December 7, 2020 Opinion or Order NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Daniel D. Crabtree and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca) [Transferred from ksd on 7/22/2021.]
December 7, 2020 Opinion or Order SUMMONS ISSUED as to Harbinger, LLC. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca) [Transferred from ksd on 7/22/2021.]

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Plaintiff: Cincinnati Insurance Company, Inc., The
Represented By: Kelvin J. Fisher
Represented By: Michael L. Brown
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Defendant: Harbinger, LLC doing business as Brewery Emperial
Represented By: Anthony E. LaCroix
Represented By: Daniel G. Curry
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