Butte Native Wellness Center v. RSUI Indemnity Company et al
Plaintiff: Butte Native Wellness Center
Defendant: RSUI Indemnity Company, Kyle W. Dunton, Marsh & McLennan Agency, LLC and Angeleine M. Furlong
Case Number: 2:2023cv00085
Filed: November 14, 2023
Court: US District Court for the District of Montana
Presiding Judge: John Johnston
Referring Judge: Brian Morris
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 10, 2024 Opinion or Order Filing 25 TEXT ORDER Re-Setting Hearing on Motion #22 MOTION to Dismiss and Preliminary Pretrial Conference : IT IS HEREBY ORDERED that the Motion Hearing and Preliminary Pretrial Conference are reset for 2/5/2024 at 01:30 PM at the Paul Hatfield Federal Courthouse in Helena, MT before Judge Brian Morris. The preliminary pretrial statements, joint discovery plan and statement of stipulated facts are due to the Court on or before January 31, 2024. Signed by Judge Brian Morris on 1/10/2024. (SLL)
January 10, 2024 Filing 24 RSUI's ANSWER to #17 Amended Complaint by Kyle W. Dunton, RSUI Indemnity Company. (Crosby, Jordan)
January 10, 2024 Filing 23 Brief/Memorandum in Support re #22 MOTION to Dismiss filed by Kyle W. Dunton, RSUI Indemnity Company. (Attachments: #1 Exhibit Ex A Policy) (Crosby, Jordan)
January 10, 2024 Filing 22 MOTION to Dismiss . Jordan Y. Crosby appearing for Defendants Kyle W. Dunton, RSUI Indemnity Company. (Crosby, Jordan)
January 4, 2024 Opinion or Order Filing 21 Order: #20 Joint MOTION to Continue Preliminary Pretrial Conference filed by Butte Native Wellness Center is GRANTED. The Motion Hearing and Preliminary Pretrial Conference are RESET for 2/20/2024 at 11:00 AM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 1/4/2024. (MMS)
January 4, 2024 Filing 20 Joint MOTION to Continue Preliminary Pretrial Conference. David L. Vicevich appearing for Plaintiff Butte Native Wellness Center. (Attachments: #1 Text of Proposed Order Proposed Order) (Vicevich, David)
January 4, 2024 Opinion or Order Filing 19 ORDER granting #18 Motion to Appear Pro Hac Vice for Attorney Kevin G. Mikulaninec. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 1/19/2024. Signed by Judge Brian Morris on 1/4/2024. (ACC)
January 3, 2024 Filing 18 MOTION Kevin G. Mikulaninec to Appear Pro Hac Vice ( Filing fee $ 273 receipt number AMTDC-3185323.). Jordan Y. Crosby appearing for Defendants Kyle W. Dunton, RSUI Indemnity Company. (Attachments: #1 Exhibit Ex A Affidavit, #2 Exhibit Ex B Certification) (Crosby, Jordan)
December 26, 2023 Response Deadline of 12/22/2023 as to Motion #10 Terminated; emailed chambers motion is ripe (TLO)
December 21, 2023 Filing 17 AMENDED COMPLAINT against Kyle W. Dunton, RSUI Indemnity Company, filed by Butte Native Wellness Center. (Henke, Lawrence)
December 21, 2023 Opinion or Order Filing 16 ORDER DISMISSING PARTIES re: #15 Motion to Dismiss filed by Marsh & McLennan Agency, LLC, Angeleine M. Furlong. IT IS HEREBY ORDERED that all claims asserted by BNWC against MMA and Furlong are DISMISSED WITH PREJUDICE, with each party to bear their own fees and costs. IT IS FURTHER ORDERED that the dismissal of MMA and Furlong does not affect BNWC's claims against Defendants RSUI Indemnity Company or Kyle W. Dunton. Signed by Judge Brian Morris on 12/21/2023. (ACC)
December 21, 2023 Filing 15 Joint MOTION to Dismiss Claims Against Marsh & McLennan Agency, LLC and Angeleine M. Furlong with Prejudice. Scott M. Stearns appearing for Defendants Angeleine M. Furlong, Marsh & McLennan Agency, LLC. (Attachments: #1 Text of Proposed Order) (Stearns, Scott)
December 8, 2023 Opinion or Order Filing 14 ORDER granting #13 Motion for Extension of Time to File Response/Reply re #13 Unopposed MOTION for Extension of Time to File Response/Reply as to #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Responses due by 1/2/2024. Replies due by 1/16/2024. Signed by Judge Brian Morris on 12/8/2023. (KAH)
December 6, 2023 Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply as to #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Lawrence E. Henke appearing for Plaintiff Butte Native Wellness Center. (Attachments: #1 Text of Proposed Order) (Henke, Lawrence)
December 5, 2023 Opinion or Order Filing 12 PRELIMINARY PRETRIAL CONFERENCE ORDER, ( Motion Hearing set for 1/22/2024 at 03:30 PM in Helena, MT before Judge Brian Morris.) Preliminary Pretrial Statement due by 1/15/2024. Joint Discovery Plan due by 1/15/2024. Statement of Stipulated Facts due by 1/15/2024. Pretrial Conference set for 1/22/2024 at 03:30 PM in Helena, MT before Judge Brian Morris. Signed by Judge Brian Morris on 12/5/2023. (KAH)
December 1, 2023 Filing 11 Brief/Memorandum in Support re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kyle W. Dunton, RSUI Indemnity Company. (Attachments: #1 Exhibit Ex A) (Crosby, Jordan)
December 1, 2023 Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Jordan Y. Crosby appearing for Defendants Kyle W. Dunton, RSUI Indemnity Company. (Crosby, Jordan)
December 1, 2023 Filing 9 Corporate Disclosure Statement by Kyle W. Dunton, RSUI Indemnity Company. (Crosby, Jordan)
December 1, 2023 Filing 8 ANSWER to Complaint with Jury Demand by Kyle W. Dunton, RSUI Indemnity Company. (Crosby, Jordan)
November 27, 2023 Opinion or Order TEXT ORDER: IT IS HEREBY ORDERED that this case is REASSIGNED to the Honorable Brian Morris. Signed by Chief Judge Brian Morris on November 27, 2023. (SLL)
November 21, 2023 Filing 7 Corporate Disclosure Statement by Marsh & McLennan Agency, LLC identifying Corporate Parent Marsh USA, LLC, Corporate Parent Marsh, LLC, Corporate Parent Marsh & McLennan Companies, Inc. for Marsh & McLennan Agency, LLC.. (Stearns, Scott)
November 21, 2023 Filing 6 ANSWER to #3 Complaint with Jury Demand by Marsh & McLennan Agency, LLC. (Stearns, Scott)
November 21, 2023 Filing 5 Brief/Memorandum in Support re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Angeleine M. Furlong. (Stearns, Scott)
November 21, 2023 Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Scott M. Stearns appearing for Defendant Angeleine M. Furlong. (Stearns, Scott)
November 15, 2023 Filing 3 COMPLAINT AND DEMAND FOR JURY TRIAL (STATE COURT) against All Defendants, filed by Butte Native Wellness Center. (MMS)
November 15, 2023 Filing 2 NOTICE OF STATE COURT DOCUMENTS from Second Judicial District Court re #1 Notice of Removal, consisting of: (Attachments: #1 Notice of Filing Notice of Removal, #2 Docket Sheet) (MMS)
November 14, 2023 Filing 1 NOTICE OF REMOVAL by MARSH & MCLENNAN AGENCY, LLC, ANGELEINE M. FURLONG from Second Judicial District Court, State of Montana, In and For Silver Bow County, case number DV-23-268. (Attachments: #1 Cover Sheet, #2 Exhibit 1) (MMS)
November 14, 2023 Filing fee: $ 402.00, receipt number AMTDC-3159864 (MMS)

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Plaintiff: Butte Native Wellness Center
Represented By: Lawrence E. Henke
Represented By: David L. Vicevich
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Defendant: RSUI Indemnity Company
Represented By: Jordan Y. Crosby
Represented By: James R. Zadick
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Defendant: Kyle W. Dunton
Represented By: Jordan Y. Crosby
Represented By: James R. Zadick
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Defendant: Marsh & McLennan Agency, LLC
Represented By: Scott M. Stearns
Represented By: Thomas J. Leonard
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Defendant: Angeleine M. Furlong
Represented By: Scott M. Stearns
Represented By: Thomas J. Leonard
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