Agri-Systems v. Western National Assurance Company
| Agri-Systems |
| Western National Assurance Company |
| 1:2020cv00044 |
| April 9, 2020 |
| US District Court for the District of Montana |
| Billings Office |
| Timothy J Cavan |
| Susan P Watters |
| Insurance |
| 28 U.S.C. § 2201 |
| Defendant |
Docket Report
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This docket was last retrieved on November 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 35 REPLY to Response to Motion re #10 MOTION to Dismiss , Transfer or Stay MOTION to Stay MOTION to Transfer to filed by Western National Assurance Company. (Hanson, Laura) |
| Filing 34 AMENDED COMPLAINT , Request for Declaratory Relief and Demand for Jury Trial against All Defendants, filed by Agri-Systems. (Attachments: #1 Exhibit Commercial General Liability Policy, #2 Exhibit Umbrella Policy, #3 Exhibit Complaint Underlying Case, #4 Exhibit 4-8-16 Letter, #5 Exhibit 11-08-17 Letter, #6 Exhibit 11-22-17 Tender letter from ASI and 22-27-17 Reply, #7 Exhibit 3-8-19 Reservation of Rights, #8 Exhibit 4-30-19 Western Letter) (Stacey, Calvin) |
| Filing 33 NOTICE of Acknowledgment of Pro Hac Vice Order by Western National Assurance Company re #31 Order on Motion to Appear Pro Hac Vice, (Broman, Stacy) |
| Filing 32 Letter from Clerk of Court, Tyler P. Gilman regarding the CM/ECF registration requirements. (HEG) |
Filing 31
ORDER granting #30 Motion for Stacy A. Broman to Appear Pro Hac Vice. IT IS FURTHER ORDERED that this Order is subject to withdrawal unless Ms. Broman, within fifteen (15) days of the date of this Order, files a pleading acknowledging her admission under the terms set forth above. Signed by Magistrate Judge Timothy J. Cavan on 5/28/2020. (HEG)
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| Filing 30 MOTION Stacy A. Broman to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2486554.) Laura Jean Hanson appearing for Defendant Western National Assurance Company Motions referred to Timothy J. Cavan. (Attachments: #1 Exhibit 1 - Declaration of Stacy A. Broman, #2 Text of Proposed Order) (Hanson, Laura) |
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Filing 29
ORDER granting #16 Motion for Leave to File. Plaintiff shall promptly file the Amended Complaint in accordance with Civil Local Rule 15.1. Signed by Magistrate Judge Timothy J. Cavan on 5/27/2020. (HEG)
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Filing 28
ORDER VACATING PRELIMINARY PRETRIAL CONFERENCE. The Preliminary Pretrial Conference currently set for June 4, 2020 at 11:00 a.m. is VACATED. See order for additional information. Signed by Magistrate Judge Timothy J. Cavan on 5/27/2020. (HEG)
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| Filing 27 Unopposed MOTION to Vacate Order Setting Telephonic Preliminary Pretrial Conference Calvin J. Stacey appearing for Plaintiff Agri-Systems Motions referred to Timothy J. Cavan. (Attachments: #1 Supplement Doc 22 MN Order re Prelim Pretrial Conf, #2 Text of Proposed Order Tex of Proposed Order) (Stacey, Calvin) |
| Filing 26 NOTICE by Agri-Systems re #16 MOTION for Leave to File First Amended Complaint (Opposed), #17 Brief/Memorandum in Support Plaintiff's Report to Court re: Motion (Attachments: #1 Text of Proposed Order) (Stacey, Calvin) |
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Filing 25
ORDER, Consent to the jurisdiction of a United States Magistrate Judge having been either withheld or met with objection, IT IS HEREBY ORDERED, The case remains assigned to the Honorable Susan P. Watters, United States District Judge, and is referred to the Honorable Timothy J. Cavan, United States Magistrate Judge. Signed by Judge Susan P. Watters on 5/22/2020. (EMH)
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| Filing 24 NOTICE of Acknowledgment of Pro Hac Vice Order by Agri-Systems re #20 Order on Motion to Appear Pro Hac Vice, (Fehrenbacher, Tony) |
| Filing 23 AFFIDAVIT/DECLARATION re #21 Response to Motion by Agri-Systems. (Attachments: #1 Exhibit Email from John Harens dated 3.13.2020, #2 Exhibit Complaint filed by Western National on 3.13.2020) (Manion, Andrew) |
| Filing 22 AFFIDAVIT/DECLARATION re #21 Response to Motion by Agri-Systems. (Attachments: #1 Exhibit ASI Notice to Western National dated 1.14.2016, #2 Exhibit Correspondence from Western National dated 4.8.2016, #3 Exhibit Email from Western National dated 11.27.2016, #4 Exhibit Coverage Letter from Lloyds, #5 Exhibit Correspondence from Western National dated 3.8.2019, #6 Exhibit Correspondence from Western National dated 4.30.2019) (Manion, Andrew) |
| Filing 21 RESPONSE to Motion re #10 MOTION to Dismiss , Transfer or Stay MOTION to Stay MOTION to Transfer to filed by Agri-Systems. (Manion, Andrew) |
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Filing 20
ORDER granting #19 Motion to Appear Pro Hac Vice. FURTHER ORDERED: This Order is subject to withdrawal unless Mr. Fehrenbacher, within fifteen (15) days of the date of this Order, files a pleading acknowledging his admission under the terms set forth above. Signed by Magistrate Judge Timothy J. Cavan on 5/18/2020. (HEG)
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| Filing 19 MOTION Tony W. Fehrenbacher to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2482075.) Andrew J. Manion appearing for Plaintiff Agri-Systems Motions referred to Timothy J. Cavan. (Attachments: #1 Exhibit Affidavit of Tony W. Fehrenbacher, #2 Supplement Proposed Order of Pro Hac Vice) (Manion, Andrew) |
| Filing 18 NOTICE by Agri-Systems re #15 Notice of Appearance of Tony W. Fehrenbacher Pro Hac Process (Manion, Andrew) |
| Filing 17 Brief/Memorandum in Support re #16 MOTION for Leave to File First Amended Complaint (Opposed) filed by Agri-Systems. (Stacey, Calvin) |
| Filing 16 MOTION for Leave to File First Amended Complaint (Opposed) Calvin J. Stacey appearing for Plaintiff Agri-Systems Motions referred to Timothy J. Cavan. (Attachments: #1 Supplement Text of First Amended Complaint) (Stacey, Calvin) |
| Filing 15 NOTICE of Appearance by Tony W. Fehrenbacher on behalf of Agri-Systems (Fehrenbacher, Tony) |
| Filing 14 Corporate Disclosure Statement by Agri-Systems. (Manion, Andrew) |
| Filing 13 NOTICE of Appearance by Andrew J. Manion on behalf of Agri-Systems (Manion, Andrew) |
| Filing 12 AFFIDAVIT in Support re #10 MOTION to Dismiss , Transfer or Stay filed by Western National Assurance Company. (Attachments: #1 Exhibit A - Southern Minnesota Beet Sugar Cooperatives Underlying Minnesota Complaint against ASI Industrial, Minnesota USDC Case No. 17-cv-5552, #2 Exhibit B - Western Nationals Commercial General Liability and Commercial Umbrella policies, Policy Nos. CPP 1050926 03 and UMB 1008379 03, #3 Exhibit C - ASI Industrials Complaint and Request for Declaratory Relief against Western National, Yellowstone County, Montana 13th Judicial District, Case No. CV 20-0407, #4 Exhibit D - Western Nationals Complaint for Declaratory Judgment against ASI Industrial, Minnesota USDC Case No. 0:20-cv-00726, #5 Exhibit E - Affidavit of Service of Western Nationals Summons and Complaint upon ASI Industrial, Minnesota USDC Case No. 0:20-cv-00726, #6 Exhibit F - ASI Industrials Answer, Jury Demand and Counterclaims against Western National, Minnesota USDC Case No. 0:20-cv-00726) (Hanson, Laura) |
| Filing 11 Brief/Memorandum in Support re #10 MOTION to Dismiss , Transfer or Stay filed by Western National Assurance Company. (Hanson, Laura) |
| Filing 10 MOTION to Dismiss , Transfer or Stay Laura Jean Hanson appearing for Defendant Western National Assurance Company Motions referred to Timothy J. Cavan. (Hanson, Laura). Added MOTION to Stay, MOTION to Transfer to on 4/29/2020 (ACC). |
| Filing 9 NOTICE of Appearance by Calvin J. Stacey on behalf of All Plaintiffs (Stacey, Calvin) |
| Filing 8 Mailing of Consent - Honorable Timothy Cavan as Presiding Judge. Electronically mailed to counsel Andrew J. Manion, Laura Jean Hanson. Consent/Objection to USMJ Form due by 5/4/2020. (ACC) |
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Filing 7
ORDERED: Pursuant to Fed. R. Civ. P. 16(a), a telephonic Preliminary Pretrial Conference shall be held on June 4, 2020 at 11:00 a.m. before Magistrate Judge Timothy J. Cavan. Lead trial counsel for the respective parties are required to participate in the conference. Counsel shall use the Courts conferencing system. Signed by Magistrate Judge Timothy J. Cavan on 4/16/2020. (HEG)
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| Filing 6 AFFIDAVIT of Service for Notice of Removal and Civil Cover Sheet served on Tony Fehrenbacher and Andrew Manion, Counsel for Agri-Systems d/b/a ASI Industrial on 04/09/2020, filed by Western National Assurance Company. (Hanson, Laura) |
| Filing 5 ANSWER to Complaint (Notice of Removal) by Western National Assurance Company. (Hanson, Laura) |
| Filing 4 COMPLAINT filed in State Court against Western National Assurance Company, filed by Agri-Systems. (JDR) |
| Filing 3 STATE COURT FILE: DV-20-407, MT 13th Judicial District Court, Yellowstone County. Case Register Report and File Receipt. STATE COURT FILE: DV-20-407, MT 13th Judicial District Court, Yellowstone County. Case Register Report. (Attachments: #1 State Court File, #2 File Receipt) (JDR) |
| Filing 2 Corporate Disclosure Statement by Western National Assurance Company. (Hanson, Laura) |
| Filing 1 NOTICE OF REMOVAL by Western National Assurance Company from MT 13th Judicial District Court, Yellowstone County, case number DV-20-407., filed by Western National Assurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (JDR) (Additional attachment(s) added on 4/9/2020: #3 Civil Cover Sheet) (JDR). |
| Filing fee received: $ 400, receipt number 0977-2467323 (JDR) |
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