Certain Underwriters at Lloyd's, London Subscribing to Policy Number PGIARK05447-00 v. Dual Trucking, Inc. et al
Certain Underwriters at Lloyd's, London Subscribing to Policy Number PGIARK05447-00 |
Anthony Alford and Dual Trucking, Inc. |
4:2019cv00034 |
May 3, 2019 |
US District Court for the District of Montana |
Brian Morris |
Insurance |
28 U.S.C. § 1332 |
None |
Docket Report
This docket was last retrieved on June 24, 2019. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 16 ORDER; In consideration of Plaintiffs Request for Clarification, and for Good Cause Appearing: This Court clarifies its Order of June 18, 2019, to reflect that Plaintiff did not agree that service was improperly made upon Defendant DTI, but have not objected to Defendants Motion to Set Aside Default. Further, Defendants have affirmatively represented to the Court that they have not made a claim under the subject Plaintiffs Insurance Policy at issue and, unless and until Defendants tender a claim against Plaintiffs subject Insurance Policy, Plaintiff has no duty to defend or indemnify the Defendants. As there has been no insurance claim made, there is no justiciable controversy regarding the subject insurance policy and Defendants Motion to Dismiss is GRANTED. Signed by Judge Brian Morris on 6/24/2019. (TLO) |
Filing 15 Unopposed MOTION to Clarify Order of June 18, 2019 Kelly J.C. Gallinger appearing for Plaintiff Certain Underwriters at Lloyd's, London Subscribing to Policy Number PGIARK05447-00 (Attachments: #1 Text of Proposed Order Order of Clarification) (Gallinger, Kelly) |
Filing 14 CLERK'S JUDGMENT: IT IS ORDERED AND ADJUDGED: Defendants' Motion to Dismiss is GRANTED. The accompanying Motion to Set Aside the Default is similarly GRANTED. (SLR) |
Filing 13 ORDER: The Defendants herein move for dismissal of Plaintiff's Complaint for lack of jurisdiction. Defendants argue that since a claim was not made on the subject insurance policy, there is not a justiciable controversy and the Court should dismiss. Defendant DTI simultaneously moves the Court to set aside the Clerk's Default allegedly entered due to a miscommunication between counsel. DTI similarly argues that service was improper and as noted above, it did not file a claim invoking the duty to defend by Plaintiff. Both motions are unopposed. Therefore, for good cause shown, Defendant's Motion to Dismiss is GRANTED. The accompanying Motion to Set Aside the Default is similarly GRANTED. The Clerk is instructed to set aside the Default. Signed by Judge Brian Morris on 6/18/2019. (SLR) |
Filing 12 PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 7/22/2019. Joint Discovery Plan due by 7/22/2019. Statement of Stipulated Facts due by 7/22/2019. Telephonic Pretrial Conference set for 7/31/2019 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 6/17/2019. (MMS) |
Filing 11 Brief in Support of Motion to Set Aside Default Kevin D. Feeback appearing for Defendant Dual Trucking, Inc. (Feeback, Kevin) Modified on 6/18/2019 to change name of entry (TLO). |
Filing 10 Unopposed MOTION to Set Aside Default Kevin D. Feeback appearing for Defendant Dual Trucking, Inc. (Feeback, Kevin) |
Filing 9 Brief in Support of Motion to Dismis for Lack of Jurisdiction Kevin D. Feeback appearing for Defendants Anthony Alford, Dual Trucking, Inc. (Feeback, Kevin) Modified on 6/17/2019 to change event to brief (TLO). |
Filing 8 UNCONTESTED MOTION to Dismiss for Lack of Jurisdiction Kevin D. Feeback appearing for Defendants Anthony Alford, Dual Trucking, Inc. (Feeback, Kevin) Modified on 6/18/2019 to add word "uncontested". (SLR). (Additional attachment(s) added on 6/18/2019: #1 Text of Proposed Order) (TLO). |
Filing 7 NOTICE of Appearance by Kevin D. Feeback on behalf of All Defendants (Feeback, Kevin) |
Filing 6 SET ASIDE per #13 Order dated 6/18/19. Clerk's ENTRY OF DEFAULT as to Dual Trucking, Inc. (MMS) Modified on 6/18/2019 to add language at beginning of entry. (SLR). |
Filing 5 MOTION for Entry of Default against Dual Trucking Kelly J.C. Gallinger appearing for Plaintiff Certain Underwriters at Lloyd's, London Subscribing to Policy Number PGIARK05447-00 (Attachments: #1 Affidavit Aff of Kelly Gallinger in Support of Motion for Entry of Default, #2 Text of Proposed Order Entry of Default) (Gallinger, Kelly) |
Filing 4 AFFIDAVIT of Service for Summons and Complaint served on Anthony Alford on 06/04/2019, filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Number PGIARK05447-00. (Gallinger, Kelly) |
Filing 3 AFFIDAVIT of Service for Summons and Complaint served on Dual Trucking on 05/14/2019, filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Number PGIARK05447-00. (Gallinger, Kelly) |
Set/Reset Deadlines: Dual Trucking, Inc. answer due 6/4/2019. (MMS) |
Set/Reset Deadlines: Anthony Alford answer due 6/25/2019. (MMS) |
Filing 2 Summons Issued as to All Defendants. Originals mailed to Cnsl Gallinger (ACC) |
Filing 1 DECLARATORY COMPLAINT against All Defendants, filed by Certain Underwriters at Lloyd's, London Subscribing to Policy Number PGIARK05447-00. (Attachments: #1 Exhibit 1 - Insurance Policy, #2 Exhibit 2 - Underlying Second Amd Complaint, #3 Exhibit 3 - Reservation of Rights, #4 Civil Cover Sheet) (ACC) |
Filing fee: $ 400.00, receipt number 0977-2304545 (ACC) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Montana District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Search for this case: Certain Underwriters at Lloyd's, London Subscribing to Policy Number PGIARK05447-00 v. Dual Trucking, Inc. et al | |
---|---|
Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
Plaintiff: Certain Underwriters at Lloyd's, London Subscribing to Policy Number PGIARK05447-00 | |
Represented By: | Kelly J.C. Gallinger |
Represented By: | Aaron M. Dunn |
Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Defendant: Anthony Alford | |
Represented By: | Kevin D. Feeback |
Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Defendant: Dual Trucking, Inc. | |
Represented By: | Kevin D. Feeback |
Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.