Draggin' Y Cattle Company, Inc. et al v. Junkermier, Clark, Campanella, Stevens, P.C. et al
Plaintiff: Roger Peters, Draggin' Y Cattle Company, Inc. and Carrie Peters
3Rd Party Defendant: New York Marine General Insurance Company
3Rd Party Plaintiff: Junkermier, Clark, Campanella, Stevens, P.C.
Case Number: 2:2019cv00034
Filed: July 22, 2019
Court: US District Court for the District of Montana
Presiding Judge: Sam E Haddon
Nature of Suit: Insurance
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2019 Filing 37 TRANSCRIPT of Motion Hearing held on 09/10/2019, before Judge Morris. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the Clerks Office or the court reporter NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 14 DAYS OF THIS FILING. Contact Court Reporter Yvette Heinze, 406-422-8619, yvettecsrrpr@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website. Redaction Request due 10/8/2019. Redacted Transcript Deadline set for 10/18/2019. Release of Transcript Restriction set for 12/16/2019. Associated Cases: 4:14-cv-00083-BMM, 2:19-cv-00034-SEH (YMH)
September 13, 2019 Filing 36 AMENDED DOCUMENT by New York Marine and General Insurance Company. Amendment to (34 in 2:19-cv-00034-SEH, 384 in 4:14-cv-00083-BMM) Statement of Disputed Facts in Support of Opposition to Motion for Summary Judgment. Associated Cases: 4:14-cv-00083-BMM, 2:19-cv-00034-SEH (Zadick, Gary)
September 13, 2019 Filing 35 AFFIDAVIT/DECLARATION re (33 in 2:19-cv-00034-SEH, 383 in 4:14-cv-00083-BMM) Response to Motion (Declaration of Brandon Rainey in Support of Opposition to Motion for Summary Judgment) by New York Marine and General Insurance Company. (Attachments: #1 Exhibit 1 - 10/29/15 Kush Depo, #2 Exhibit 2 - 8/7/19 Kush Depo) Associated Cases: 4:14-cv-00083-BMM, 2:19-cv-00034-SEH (Zadick, Gary)
September 13, 2019 Filing 34 Statement of Disputed Facts re: (33 in 2:19-cv-00034-SEH, 383 in 4:14-cv-00083-BMM) Response to Motion. Associated Cases: 4:14-cv-00083-BMM, 2:19-cv-00034-SEH (Zadick, Gary)
September 13, 2019 Filing 33 RESPONSE to Motion re (364 in 4:14-cv-00083-BMM) MOTION for Summary Judgment filed by New York Marine and General Insurance Company. Associated Cases: 4:14-cv-00083-BMM, 2:19-cv-00034-SEH (Zadick, Gary)
September 10, 2019 Filing 32 TRANSCRIPT DESIGNATION ORDER FORM by New York Marine and General Insurance Company for proceedings held on 9/10/19 before Judge Brian M. Morris. Court reporter Yvette Heinze. Transcript due by 9/17/2019. Associated Cases: 4:14-cv-00083-BMM, 2:19-cv-00034-SEH (Zadick, Gary)
September 10, 2019 Filing 31 TRANSCRIPT DESIGNATION ORDER FORM by Marra, Evenson & Bell, P.C. for proceedings held on 9/10/19 before Judge Brian Morris. Court reporter Yvette Heinze. Transcript due by 9/17/2019. Associated Cases: 4:14-cv-00083-BMM, 2:19-cv-00034-SEH (Marra, Thomas)
September 10, 2019 Filing 30 MINUTE ENTRY for MOTION HEARING for proceedings held 9/10/19 before Judge Brian Morris: Mark Goodman, Gary Zadick, and Jordan Crosby appearing on behalf of Plaintiffs. Timothy Straugh and David Paoli appearing on behalf of Defendants. Counsel Marshall Mickelson and Tom Marra also present. Court GRANTS 326 MOTION REQUEST FOR JUDICIAL NOTICE. Court GRANTS 346 MOTION FOR JURY TRIAL. Counsel is advised this trial will be set in Butte potentially on February 10, 2020. Parties with argument on remaining issues and motions. Outstanding motions which need to be ruled on before the case can move forward is the Motion to Dismiss 377 and Motions for Summary Judgments 364 and 370 . Mr. Mickelson and Mr. Goodman with argument on Motion to Quash Subpoenas 334 . Court directs Mr. Mickelson to file a privileged log and file a request for cost. Mr. Mickelson asks for 60 days, plaintiff with objection. Once the Court rules on the Motion to Dismiss that will determine if the trial will proceed in November or February. Court orders that the privileged log be filed by October 30, 2019. (Hearing commenced at 10:00 a.m. and concluded at 11:30 a.m.) (Court Reporter Yvette Heinze.) (Law Clerk: C. Kroshus), (Hearing held in Great Falls) Associated Cases: 4:14-cv-00083-BMM, 2:19-cv-00034-SEH (MMS)
September 6, 2019 Filing 29 Brief/Memorandum in Support re #28 MOTION to Dismiss filed by New York Marine General Insurance Company. (Zadick, Gary)
September 6, 2019 Filing 28 MOTION to Dismiss Gary M. Zadick appearing for Third Party Defendant New York Marine General Insurance Company (Zadick, Gary)
September 3, 2019 Opinion or Order Filing 27 ORDER: IT IS ORDERED that this Court's 345 Order staying briefing of New York Marine's Motion to Consolidate is VACATED. Plaintiff's 338 Motion to Consolidate is GRANTED. The Court will conduct a hearing as scheduled on September 10, 2019 at 10:00 a.m. The Court at that time will address all pending matters, including a new Scheduling Order and resolution of all outstanding motions. SEE ORDER FOR ALL DETAILS AS WELL AS PROCEDURE FOR FILING IN A CONSOLIDATED CASE. Signed by Judge Brian Morris on 9/3/2019. (SLR)
August 30, 2019 Filing 26 TRANSCRIPT of MOTION HEARING held on 8/27/19, before Judge Sam E. Haddon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerk's office or the court reporter NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 14 DAYS OF THIS FILING. Contact Court Reporter Rebecca Sabo, 406-855-6410, rebeccasabo2017@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website. Redaction Request due 9/20/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/29/2019. (RMS)
August 29, 2019 Filing 25 MOTION for Order/Judgment Nunc Pro Tunc Thomas A. Marra appearing for Defendant Junkermier, Clark, Campanella, Stevens, P.C. (Attachments: #1 Exhibit, #2 Text of Proposed Order) (Marra, Thomas)
August 28, 2019 Filing 24 NOTICE of Substitution of Counsel by Junkermier, Clark, Campanella, Stevens, P.C. (Marra, Thomas)
August 28, 2019 Filing 23 TRANSCRIPT DESIGNATION ORDER FORM by New York Marine General Insurance Company for proceedings held on 8/28/19 before Judge Sam E. Haddon. Court reporter Rebecca Sabo. Transcript due by 8/30/2019. (Zadick, Gary)
August 28, 2019 Filing 22 TRANSCRIPT DESIGNATION ORDER FORM by Junkermier, Clark, Campanella, Stevens, P.C. for proceedings held on 8/27/19 before Judge Haddon. Court reporter Rebecca Sabo. Transcript due by 9/3/2019. (Marra, Thomas)
August 27, 2019 Opinion or Order Filing 21 ORDERED: Defendant New York Marine General Insurance Company shall file an amended complaint on or before September 6, 2019. Plaintiffs Draggin' Y Cattle Company, Inc., and Roger and Carrie Peters, and Third-Party Plaintiff Junkermier, Clark, Campanella, Stevens, P.C. shall file an answer, to include any and all motions, denials, affirmative defenses, and counterclaims, on or before September 20, 2019. All pending motions, including the Motion to Consolidate Related Cases; Emergency Motion to Stay Briefing on Motion to Consolidate; Motion to Dismiss; and Motion to Remand are DENIED WITHOUT PREJUDICE to renewal, if appropriate. (See order for complete details). Signed by Judge Sam E Haddon on 8/27/2019. (HEG)
August 27, 2019 Filing 20 MINUTE ENTRY for proceedings held before Judge Sam E Haddon: Motion Hearing held on 8/27/2019. Present in the Courtroom are Paul Leisher, Timothy Strauch and Thomas Marra for third party plaintiffs, JCCS., et al. Gary Zadick for third party defendant, NYL. Court advises parties of the purpose of todays proceeding, reviewing matter to date and discussing the potential conflict of representation of counsel Paul Leisher. Parties are heard on State Court Litigation matters and issues on the pleadings and pending claims in the matter before Judge Morris in CV-14-83-GF-BMM and before Judge Haddon in CV-19-34-BU-SEH. Court orders that an amended complaint stating the relief sought to be filed by counsel for NYM by 9/6. JCCS, et al to file answer by 9/20 to include any defenses and counter claims as stated. Both parties have until 9/27 to file motions with supporting briefs. Response briefs are allowed and governed by the rules of the district. Court will take up and address any motions that appear as soon as the briefing is complete. No order will be issued other than to memorialize the deadlines as discussed. Hearing commenced at 10:00 and concluded at 11:03. (Court Reporter Becky Sabo.) (Law Clerk: C. Creighton), (Hearing held in Helena) (HEG)
August 26, 2019 Filing 19 NOTICE of Appearance by Paul M. Leisher on behalf of Draggin' Y Cattle Company, Inc., Junkermier, Clark, Campanella, Stevens, P.C., Carrie Peters, Roger Peters (Leisher, Paul)
August 21, 2019 Filing 18 REPLY to Response to Motion re #11 MOTION to Remand filed by Junkermier, Clark, Campanella, Stevens, P.C.. (Strauch, Timothy)
August 21, 2019 Filing 17 NOTICE by Junkermier, Clark, Campanella, Stevens, P.C. of Rulings (Attachments: #1 Exhibit 1 - Order Doc 345, #2 Exhibit 2 - Order Doc 353) (Strauch, Timothy) (Modified to link to motions.) (NOS)
August 16, 2019 Filing 16 REPLY to Response to Motion re #8 MOTION to Dismiss Reply in Support of Motion to Dismiss filed by New York Marine General Insurance Company. (Zadick, Gary)
August 16, 2019 Filing 15 RESPONSE to Motion re #11 MOTION to Remand Opposition to Motion to Remand filed by New York Marine General Insurance Company. (Zadick, Gary)
August 13, 2019 Opinion or Order Filing 14 ORDER setting conference with counsel on the record re; #8 MOTION to Dismiss , #6 Emergency MOTION to Stay Briefing on Motion to Consolidate, #3 MOTION to Consolidate Cases , #11 MOTION to Remand : Court Reporter: Becky Sabo, Motion Hearing set for 8/27/2019 at 10:00 AM in Helena, MT before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 8/13/2019. (CDH)
August 2, 2019 Filing 13 RESPONSE to Motion re #8 MOTION to Dismiss filed by Junkermier, Clark, Campanella, Stevens, P.C.. (Leisher, Paul)
August 2, 2019 Filing 12 Brief/Memorandum in Support re #11 MOTION to Remand filed by Junkermier, Clark, Campanella, Stevens, P.C.. (Strauch, Timothy)
August 2, 2019 Filing 11 MOTION to Remand Timothy B. Strauch appearing for ThirdParty Plaintiff Junkermier, Clark, Campanella, Stevens, P.C. (Strauch, Timothy)
July 30, 2019 Filing 10 NOTICE of Receipt of State Court file from Gallatin County District Court. Case Register Report attached. (Original voluminous file - 438 docket entries - to be retained in Helena clerk of court's office.) (NOS)
July 29, 2019 Filing 9 Brief/Memorandum in Support re #8 MOTION to Dismiss filed by New York Marine General Insurance Company. (Zadick, Gary)
July 29, 2019 Filing 8 MOTION to Dismiss Gary M. Zadick appearing for Third Party Defendant New York Marine General Insurance Company (Zadick, Gary)
July 26, 2019 Filing 7 Brief/Memorandum in Support re #6 Emergency MOTION to Stay Briefing on Motion to Consolidate filed by Junkermier, Clark, Campanella, Stevens, P.C.. (Attachments: #1 Exhibit 1 - NYM state ct intervention, #2 Exhibit 2 - order) (Strauch, Timothy)
July 26, 2019 Filing 6 Emergency MOTION to Stay Briefing on Motion to Consolidate Timothy B. Strauch appearing for ThirdParty Plaintiff Junkermier, Clark, Campanella, Stevens, P.C. (Strauch, Timothy)
July 24, 2019 Filing 5 AFFIDAVIT/DECLARATION re #3 MOTION to Consolidate by New York Marine General Insurance Company. (Attachments: #1 Exhibit A - Professional Liability Policy, #2 Exhibit B - New York Marine's March 8, 2012 letter, #3 Exhibit C - Settlement Agreement, #4 Exhibit D - December 15, 2014 Order, #5 Exhibit E - Complaint in the NYM Action, #6 Exhibit F - December 15, 2014 Cross-claim, #7 Exhibit G - June 5, 2015 Order, #8 Exhibit H - Defendants' Answer and Counterclaim, #9 Exhibit I - Defendants' First Amended Answer, #10 Exhibit J - JCCS' May 10, 2019 Motion, #11 Exhibit K - May 15, 2019 Order, #12 Exhibit L - Defendants' Notice of Voluntary Dismissal, #13 Exhibit M - Transcript of June 11, 2019 Hearing, #14 Exhibit N - June 17, 2019 Order, #15 Exhibit O - JCCS' Complaint, #16 Exhibit P - State Court's June 27, 2019 Order, #17 Exhibit Q1 - Notice of Removal (pg 1-99), #18 Exhibit Q2 - Notice of Removal (pg 100-199), #19 Exhibit Q3 - Notice of Removal (pg 200-299), #20 Exhibit R - State Court's September 11, 2017 Order, #21 Exhibit S - Supreme Court April 24, 2019 Opinion) (Zadick, Gary) (Modified to link to motion.) (NOS)
July 24, 2019 Filing 4 Brief/Memorandum in Support re #3 MOTION to Consolidate Cases Memorandum of Points and Authorities in Support of Motion to Consolidate Related Cases filed by New York Marine General Insurance Company. (Zadick, Gary)
July 24, 2019 Filing 3 MOTION to Consolidate Cases Gary M. Zadick appearing for Third Party Defendant New York Marine General Insurance Company (Zadick, Gary)
July 23, 2019 Filing 2 Corporate Disclosure Statement by New York Marine General Insurance Company identifying Corporate Parent ProSight Specialty Insurance Group, Inc. for New York Marine General Insurance Company.. (Zadick, Gary)
July 22, 2019 Filing fee: $400.00 paid, receipt number 0977-2340410. (ASG)
July 22, 2019 Filing 1 NOTICE OF REMOVAL from Montana Eighteenth Judicial District Court, Gallatin County, case number DV 11-87AX. (Attachments: #1 Ex A - Third-Party Complaint, #2 Ex B - Settlement Agreement, #3 Ex C - Federal Complaint, #4 Ex D - Federal Action, Defendants' Amended Answer and Counterclaim, #5 Ex E - Federal Action, Amended Answer and Counterclaim, #6 Ex F - Federal Action, Voluntary Dismissal, #7 Ex G - Amended Findings of Fact, Conclusions of Law and Order, #8 Ex H - June 27, 2019 Order, #9 Ex I - Third-Party Summons, #10 Ex J - Notice of Service and Acknowledgment and Receipt of Service, #11 Ex K - Docket Sheet, #12 civil cover sheet) (ASG)

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Search for this case: Draggin' Y Cattle Company, Inc. et al v. Junkermier, Clark, Campanella, Stevens, P.C. et al
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3rd party defendant: New York Marine General Insurance Company
Represented By: Jordan Y. Crosby
Represented By: Gary M. Zadick
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Plaintiff: Roger Peters
Represented By: Donald L. Harris
Represented By: Timothy B. Strauch
Represented By: David R. Paoli
Represented By: Paul M. Leisher
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Plaintiff: Draggin' Y Cattle Company, Inc.
Represented By: David R. Paoli
Represented By: Timothy B. Strauch
Represented By: Paul M. Leisher
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Plaintiff: Carrie Peters
Represented By: Donald L. Harris
Represented By: Timothy B. Strauch
Represented By: David R. Paoli
Represented By: Paul M. Leisher
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3rd party plaintiff: Junkermier, Clark, Campanella, Stevens, P.C.
Represented By: Kirk D. Evenson
Represented By: Thomas A. Marra
Represented By: Timothy B. Strauch
Represented By: Paul M. Leisher
Represented By: David R. Paoli
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