Acuity, a Mutual Insurance Company v. Ballance Contracting Services, LLC et al
| Acuity, a Mutual Insurance Company |
| Ballance Contracting Services, LLC, Jeffrey Ory, Progressive Northwestern Insurance Company, Samantha J. Schweinfurth, Alexender L. Schweinfurth, Vivian Nagle, Aaron Johnson, Tyliece Johnson, City of Kansas City, MO, Blue Cross Blue Shield of Kansas City, Jennifer Epperson, Michael Epperson, Geico Indemnity Company, Jerry D. Danforth, Christine M. Danforth, State Farm Mutual Automobile Insurance Company, Michael Jorgensen, Southern Missouri Containers, Inc., Travelers Property Casualty Company of America, Shane M. Evans, James Engle Custom Homes, Employers Mutual Casualty Company, Jasmine Mitchell, USAA General Indemnity Company and Missouri Depart of Transportation |
| 4:2023cv00225 |
| April 6, 2023 |
| US District Court for the Western District of Missouri |
| Lajuana M Counts |
| Howard F Sachs |
| Insurance |
| 28 U.S.C. § 1335 Interpleader Action |
| Defendant |
Docket Report
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This docket was last retrieved on July 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 93 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) filed by James R. Jarrow on behalf of Acuity, a Mutual Insurance Company. (Jarrow, James) |
| 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) |
| Filing 92 DESIGNATION OF MEDIATOR naming Joseph Danduarnd(Meyerkord, Matthew) |
Filing 91
ORDER - GRANTING #85 defendant Missouri Highways and Transportation Commission's unopposed motion to dismiss. GRANTING #86 defendant Progressive Northwestern Insurance Company's unopposed motion to dismiss. ORDERED that Missouri Highway and Transportation Commission and Progressive Northwestern Insurance Company are hereby DISMISSED from this action. The Clerk of Court is directed to remove the parties from the E-filing system. Signed on 6/23/23 by District Judge Howard F. Sachs. (Anderson, Christy)
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| Filing 90 RESPONSE to motion re #86 MOTION to dismiss party filed by Michael Shunk on behalf of Plaintiff Acuity, a Mutual Insurance Company. Reply suggestions due by 7/5/2023 unless otherwise directed by the court. (Shunk, Michael) |
| Filing 89 RESPONSE to motion re #85 MOTION to dismiss party and Notice of Disclaimer of Interest filed by Michael Shunk on behalf of Plaintiff Acuity, a Mutual Insurance Company. Reply suggestions due by 7/5/2023 unless otherwise directed by the court. (Shunk, Michael) |
| Filing 88 NOTICE of appearance by Andrew Robb on behalf of Vivian Nagle, Alexender L. Schweinfurth, Samantha J. Schweinfurth (Attorney Andrew Robb added to party Vivian Nagle(pty:dft), Attorney Andrew Robb added to party Alexender L. Schweinfurth(pty:dft), Attorney Andrew Robb added to party Samantha J. Schweinfurth(pty:dft))(Robb, Andrew) |
| Filing 87 NOTICE of appearance by Brittany Sanders Robb on behalf of Vivian Nagle, Alexender L. Schweinfurth, Samantha J. Schweinfurth (Attorney Brittany Sanders Robb added to party Vivian Nagle(pty:dft), Attorney Brittany Sanders Robb added to party Alexender L. Schweinfurth(pty:dft), Attorney Brittany Sanders Robb added to party Samantha J. Schweinfurth(pty:dft))(Robb, Brittany) |
| Filing 86 MOTION to dismiss party filed by Matthew William Greenberg on behalf of Progressive Northwestern Insurance Company. Suggestions in opposition/response due by 7/5/2023 unless otherwise directed by the court. (Greenberg, Matthew) |
| Filing 85 MOTION to dismiss party and Notice of Disclaimer of Interest filed by Bradley C. Nielsen on behalf of Missouri Depart of Transportation. Suggestions in opposition/response due by 6/26/2023 unless otherwise directed by the court. (Nielsen, Bradley) |
| Filing 84 ANSWER to #1 Complaint, on behalf of Employers Mutual Casualty Company.(Staley, Christopher) |
| Filing 83 NOTICE of appearance by Christopher R Staley on behalf of Employers Mutual Casualty Company (Attorney Christopher R Staley added to party Employers Mutual Casualty Company(pty:dft))(Staley, Christopher) |
| Filing 82 AMENDED 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 reassignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 81 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Matthew D. Meyerkord on behalf of Defendants Christine M. Danforth, Jerry D. Danforth.(Meyerkord, Matthew) |
| Filing 80 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Gary C Robb on behalf of Defendants Vivian Nagle, Alexender L. Schweinfurth, Samantha J. Schweinfurth.(Robb, Gary) |
| Filing 79 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Randall Allen Bauman on behalf of Defendant Geico Indemnity Company.(Bauman, Randall) |
| Filing 78 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Jared Rose on behalf of Defendants Jennifer Epperson, Michael Epperson.(Rose, Jared) |
| Filing 77 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by John A Watt on behalf of Defendant Jeffrey Ory.(Watt, John) |
| Filing 76 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by John A Watt on behalf of Defendant Ballance Contracting Services, LLC.(Watt, John) |
| Filing 75 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Sarah Jean Oldridge on behalf of Defendant City of Kansas City, MO.(Oldridge, Sarah) |
| Filing 74 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Matthew D. Meyerkord on behalf of Defendants Christine M. Danforth, Jerry D. Danforth.(Meyerkord, Matthew) |
| Filing 73 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Bradley C. Nielsen on behalf of Defendant Missouri Depart of Transportation.(Nielsen, Bradley) |
| Filing 72 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Jenna Homeyer on behalf of Defendants Aaron Johnson, Tyliece Johnson.(Homeyer, Jenna) |
| Filing 71 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by James R. Jarrow on behalf of Plaintiff Acuity, a Mutual Insurance Company.(Jarrow, James) |
| Filing 70 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Matthew William Greenberg on behalf of Defendant Progressive Northwestern Insurance Company.(Greenberg, Matthew) |
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Filing 69
SCHEDULING ORDER: Discovery due by 11/17/2023. Dispositive Motions due by 12/18/2023. Please see Order for additional deadlines. Signed on 6/5/23 by District Judge Howard F. Sachs. (Anderson, Christy)
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| Filing 68 Joint PROPOSED SCHEDULING ORDER by Acuity, a Mutual Insurance Company. (Shunk, Michael) |
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Filing 67
ORDER - GRANTING #61 and #62 motions to withdraw and substitute attorney. Attorney Louis J. Wade permitted to withdraw, as Randall Bauman has entered his appearance and will be substituting as counsel for defendant Geico Indemnity Company. Signed on 6/1/23 by District Judge Howard F. Sachs. (Anderson, Christy)
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Filing 66
ORDER - GRANTING #57 Defendant Blue Cross and Blue Shield's Motion to Dismiss for Failure to State a Claim. All claims against Defendant Blue Cross are DISMISSED without prejudice. Signed on 6/1/23 by District Judge Howard F. Sachs. (Anderson, Christy)
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| Filing 65 ANSWER to #1 Complaint, on behalf of Aaron Johnson, Tyliece Johnson.(Homeyer, Jenna) |
| Filing 64 ANSWER to #1 Complaint, on behalf of Vivian Nagle, Alexender L. Schweinfurth, Samantha J. Schweinfurth.(Robb, Gary) |
| Filing 63 ANSWER to #1 Complaint, with Jury Demand on behalf of Geico Indemnity Company.(Attorney Randall Allen Bauman added to party Geico Indemnity Company(pty:dft))(Bauman, Randall) |
| Filing 62 MOTION to substitute attorney GEICO INDEMNITY COMPANY filed by Louis J. Wade on behalf of Geico Indemnity Company. Suggestions in opposition/response due by 6/14/2023 unless otherwise directed by the court. (Wade, Louis) |
| Filing 61 MOTION to withdraw as attorney for GEICO INDEMNITY COMPANY filed by Louis J. Wade on behalf of Geico Indemnity Company. Suggestions in opposition/response due by 6/9/2023 unless otherwise directed by the court. (Wade, Louis) (Additional attachment(s) added at the request of filer on 5/26/2023: #1 Attachment) NEF Regenerated. (Woods, Gloria). |
| Filing 60 RESPONSE to motion re #57 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by James R. Jarrow on behalf of Plaintiff Acuity, a Mutual Insurance Company. Reply suggestions due by 6/6/2023 unless otherwise directed by the court. (Jarrow, James) |
| Filing 59 RESPONSE TO ORDER TO SHOW CAUSE by Acuity, a Mutual Insurance Company. (Jarrow, James) |
| Filing 58 SUGGESTIONS in support re #57 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Aaron Schwartz on behalf of Defendant Blue Cross Blue Shield of Kansas City. (Related document(s) #57 ) (Schwartz, Aaron) |
| Filing 57 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Aaron Schwartz on behalf of Blue Cross Blue Shield of Kansas City. Suggestions in opposition/response due by 5/30/2023 unless otherwise directed by the court. (Schwartz, Aaron) |
| Filing 56 DISCLOSURE OF CORPORATE INTERESTS filed by Matthew William Greenberg on behalf of Defendant Progressive Northwestern Insurance Company.(Greenberg, Matthew) |
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Filing 55
ORDER granting #42 Motion for Extension of Time to Answer re #42 MOTION for extension of time to file answer re #1 Complaint. Geico Indemnity Company answer due 5/31/2023. Signed on 5/8/2023 by District Judge Howard F. Sachs. (Houston, Kiambu)
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Filing 54
ORDER granting #47 Motion for Extension of Time to Answer re #47 MOTION for extension of time to file answer Aaron Johnson answer due 6/2/2023; Tyliece Johnson answer due 6/2/2023. Signed on 5/8/2023 by District Judge Howard F. Sachs. (Houston, Kiambu)
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| Filing 53 ANSWER to #1 Complaint, on behalf of Shane M. Evans.(Staley, Christopher) |
| Filing 52 ANSWER to #1 Complaint, on behalf of Jeffrey Ory.(Watt, John) |
| Filing 51 ANSWER to #1 Complaint, on behalf of Ballance Contracting Services, LLC.(Watt, John) |
| Filing 50 NOTICE of appearance by John A Watt on behalf of Jeffrey Ory (Watt, John) |
| Filing 49 NOTICE of appearance by John A Watt on behalf of Ballance Contracting Services, LLC (Watt, John) |
| Filing 48 ANSWER to #1 Complaint, on behalf of Jennifer Epperson, Michael Epperson.(Attorney Jared Rose added to party Jennifer Epperson(pty:dft), Attorney Jared Rose added to party Michael Epperson(pty:dft))(Rose, Jared) |
| Filing 47 MOTION for extension of time to file answer filed by Jenna Homeyer on behalf of Aaron Johnson, Tyliece Johnson. Suggestions in opposition/response due by 5/16/2023 unless otherwise directed by the court. (Homeyer, Jenna) |
| Filing 46 ANSWER to #1 Complaint, on behalf of James Engle Custom Homes.(Staley, Christopher) |
| Filing 45 NOTICE of appearance by Christopher R Staley on behalf of Shane M. Evans, James Engle Custom Homes (Attorney Christopher R Staley added to party Shane M. Evans(pty:dft), Attorney Christopher R Staley added to party James Engle Custom Homes(pty:dft))(Staley, Christopher) |
| Filing 44 ANSWER to #1 Complaint, on behalf of Christine M. Danforth, Jerry D. Danforth.(Meyerkord, Matthew) |
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Filing 43
ORDER: Defendant Blue Cross and Blue Shield of Kansas City may file its answer or other response on or before May 16, 2023. Signed on 5/2/2023 by District Judge Howard F. Sachs. (Kern, Kendra)
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| Filing 42 MOTION for extension of time to file answer re #1 Complaint, filed by Louis J. Wade on behalf of Geico Indemnity Company. Suggestions in opposition/response due by 5/15/2023 unless otherwise directed by the court. (Related document(s) #1 ) (Attorney Louis J. Wade added to party Geico Indemnity Company(pty:dft))(Wade, Louis) |
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Filing 41
ORDER: Granting #35 Motion for Extension of Time to Answer. Defendants Samantha Schweinfurth, Alexander Schweinfurth, and Vivian Nagle, may file their answer or other response on or before June 2, 2023. Signed on 5/1/2023 by District Judge Howard F. Sachs. (Kern, Kendra)
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| Filing 40 MOTION for extension of time to file answer re #1 Complaint, filed by Aaron Schwartz on behalf of Blue Cross Blue Shield of Kansas City. Suggestions in opposition/response due by 5/12/2023 unless otherwise directed by the court. (Related document(s) #1 ) (Schwartz, Aaron) |
| Filing 39 NOTICE of appearance by Aaron Schwartz on behalf of Blue Cross Blue Shield of Kansas City (Attorney Aaron Schwartz added to party Blue Cross Blue Shield of Kansas City(pty:dft))(Schwartz, Aaron) |
| Filing 38 ANSWER to #1 Complaint, on behalf of City of Kansas City, MO.(Oldridge, Sarah) |
| Filing 37 NOTICE of appearance by Sarah Jean Oldridge on behalf of City of Kansas City, MO (Attorney Sarah Jean Oldridge added to party City of Kansas City, MO(pty:dft))(Oldridge, Sarah) |
| Filing 36 NOTICE of appearance by Matthew D. Meyerkord on behalf of Christine M. Danforth, Jerry D. Danforth (Attorney Matthew D. Meyerkord added to party Christine M. Danforth(pty:dft), Attorney Matthew D. Meyerkord added to party Jerry D. Danforth(pty:dft))(Meyerkord, Matthew) |
| Filing 35 Consent MOTION for extension of time to file answer re #1 Complaint, filed by Gary C Robb on behalf of Vivian Nagle, Alexender L. Schweinfurth, Samantha J. Schweinfurth. Suggestions in opposition/response due by 5/11/2023 unless otherwise directed by the court. (Related document(s) #1 ) (Robb, Gary) |
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Filing 34
ORDER TO SHOW CAUSE. Plaintiff shall file a Statement of Jurisdiction on or before May 30, 2023, providing the Court with information as to the respective citizenship of the Defendants consistent with this ORDER. Signed on 4/26/23 by District Judge Howard F. Sachs. (Anderson, Christy) Modified on 4/26/2023 to correct the response date (Anderson, Christy).
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| Filing 33 NOTICE of appearance by Gary C Robb on behalf of Vivian Nagle, Alexender L. Schweinfurth, Samantha J. Schweinfurth (Attorney Gary C Robb added to party Vivian Nagle(pty:dft), Attorney Gary C Robb added to party Alexender L. Schweinfurth(pty:dft), Attorney Gary C Robb added to party Samantha J. Schweinfurth(pty:dft))(Robb, Gary) |
| Filing 32 NOTICE of appearance by Jenna Homeyer on behalf of Aaron Johnson, Tyliece Johnson (Attorney Jenna Homeyer added to party Aaron Johnson(pty:dft), Attorney Jenna Homeyer added to party Tyliece Johnson(pty:dft))(Homeyer, Jenna) |
| Filing 31 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. Southern Missouri Containers, Inc. served on 4/14/2023, answer due 5/5/2023. (Jarrow, James) |
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Filing 30
RULE 16 NOTICE. Proposed scheduling order due by 6/9/2023. Signed on 4/25/23 by District Judge Howard F. Sachs. (Anderson, Christy)
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| Filing 29 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. (Jarrow, James) |
| Filing 28 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. Shane M. Evans served on 4/17/2023, answer due 5/8/2023. (Jarrow, James) |
| Filing 27 Return of Service unexecuted by Acuity, a Mutual Insurance Company as to Shane M. Evans. (Jarrow, James) |
| Filing 26 NOTICE OF REASSIGNMENT from Magistrate Judge Lajuana M. Counts to District Judge Howard F. Sachs. Please note the new case number: 23-225-CV-W-HFS. (Melvin, Greg) |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 4/24/23 as Document No. 27, Return of Service. The document has been deleted as the incorrect event was used when filing the document. Counsel will refile the document using the correct event. This is a text entry only - no document is attached. (Furtak, Rebecca) |
| Filing 25 ANSWER to #1 Complaint, on behalf of Missouri Depart of Transportation.(Nielsen, Bradley) |
| Filing 24 NOTICE of appearance by Bradley C. Nielsen on behalf of Missouri Depart of Transportation (Attorney Bradley C. Nielsen added to party Missouri Depart of Transportation(pty:dft))(Nielsen, Bradley) |
| Filing 23 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. Samantha J. Schweinfurth served on 4/12/2023, answer due 5/3/2023. (Jarrow, James) |
| Filing 22 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. Alexender L. Schweinfurth served on 4/12/2023, answer due 5/3/2023. (Jarrow, James) |
| Filing 21 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. Jeffrey Ory served on 4/11/2023, answer due 5/2/2023. (Jarrow, James) |
| Filing 20 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. Vivian Nagle served on 4/12/2023, answer due 5/3/2023. (Jarrow, James) |
| Filing 19 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. Jasmine Mitchell served on 4/13/2023, answer due 5/4/2023. (Jarrow, James) |
| Filing 18 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. Missouri Depart of Transportation served on 4/13/2023, answer due 5/4/2023. (Jarrow, James) |
| Filing 17 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. Tyliece Johnson served on 4/12/2023, answer due 5/3/2023. (Jarrow, James) |
| Filing 16 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. Aaron Johnson served on 4/12/2023, answer due 5/3/2023. (Jarrow, James) |
| Filing 15 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. James Engle Custom Homes served on 4/11/2023, answer due 5/2/2023. (Jarrow, James) |
| Filing 14 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. Michael Epperson served on 4/13/2023, answer due 5/4/2023. (Jarrow, James) |
| Filing 13 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. Jennifer Epperson served on 4/13/2023, answer due 5/4/2023. (Jarrow, James) |
| Filing 12 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. Ballance Contracting Services, LLC served on 4/11/2023, answer due 5/2/2023. (Jarrow, James) |
| Filing 11 ANSWER to #1 Complaint, with Jury Demand on behalf of Progressive Northwestern Insurance Company.(Hart, Brette) |
| Filing 10 NOTICE of appearance by Brette S. Hart on behalf of Progressive Northwestern Insurance Company (Attorney Brette S. Hart added to party Progressive Northwestern Insurance Company(pty:dft))(Hart, Brette) Modified on 4/18/2023: Docket text changed to reflect filing event. NEF regenerated. (Melvin, Greg) |
| Filing 9 NOTICE of appearance by Matthew William Greenberg on behalf of Progressive Northwestern Insurance Company (Attorney Matthew William Greenberg added to party Progressive Northwestern Insurance Company(pty:dft))(Greenberg, Matthew) Modified on 4/18/2023: Docket text changed to reflect filing event. NEF regenerated. (Melvin, Greg) |
| Filing 8 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. Michael Jorgensen served on 4/11/2023, answer due 5/2/2023. (Jarrow, James) |
| Filing 7 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. Jerry D. Danforth served on 4/11/2023, answer due 5/2/2023. (Jarrow, James) |
| Filing 6 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. Christine M. Danforth served on 4/11/2023, answer due 5/2/2023. (Jarrow, James) |
| Filing 5 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. Blue Cross Blue Shield of Kansas City served on 4/11/2023, answer due 5/2/2023. (Jarrow, James) |
| Filing 4 RETURN OF SERVICE of complaint executed by Acuity, a Mutual Insurance Company. City of Kansas City, MO served on 4/11/2023, answer due 5/2/2023. (Jarrow, James) |
| Filing 3 DISCLOSURE OF CORPORATE INTERESTS filed by James R. Jarrow on behalf of Plaintiff Acuity, a Mutual Insurance Company.(Jarrow, James) |
| SUMMONS ISSUED as to All Defendants. (Melvin, Greg) |
| 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 W. Brian Gaddy. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 1 COMPLAINT FOR INTERPLEADER against All Defendants filed by James R. Jarrow on behalf of Acuity, a Mutual Insurance Company. Filing fee $402, receipt number AMOWDC-8402640. Service due by 7/5/2023 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A)(Jarrow, James) |
| NOTICE OF MAGISTRATE JUDGE 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. Form due by 4/27/2023 unless otherwise directed by the court. (Woods, Gloria) |
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