Certain Underwriters at Lloyd's, London Subscribing to Policy Number PGIARK05447-00 v. Dual Trucking, Inc. et al
Plaintiff: Certain Underwriters at Lloyd's, London Subscribing to Policy Number PGIARK05447-00
Defendant: Anthony Alford and Dual Trucking, Inc.
Case Number: 4:2019cv00034
Filed: May 3, 2019
Court: US District Court for the District of Montana
Presiding Judge: Brian Morris
Nature of Suit: Insurance
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 24, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 24, 2019 Opinion or Order 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)
June 20, 2019 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)
June 18, 2019 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)
June 18, 2019 Opinion or Order 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)
June 17, 2019 Opinion or Order 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)
June 17, 2019 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).
June 17, 2019 Filing 10 Unopposed MOTION to Set Aside Default Kevin D. Feeback appearing for Defendant Dual Trucking, Inc. (Feeback, Kevin)
June 17, 2019 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).
June 17, 2019 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).
June 17, 2019 Filing 7 NOTICE of Appearance by Kevin D. Feeback on behalf of All Defendants (Feeback, Kevin)
June 11, 2019 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).
June 10, 2019 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)
June 7, 2019 Set/Reset Deadlines: Anthony Alford answer due 6/25/2019. (MMS)
June 7, 2019 Set/Reset Deadlines: Dual Trucking, Inc. answer due 6/4/2019. (MMS)
June 7, 2019 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)
June 7, 2019 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)
May 3, 2019 Filing 2 Summons Issued as to All Defendants. Originals mailed to Cnsl Gallinger (ACC)
May 3, 2019 Filing fee: $ 400.00, receipt number 0977-2304545 (ACC)
May 3, 2019 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)

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Plaintiff: Certain Underwriters at Lloyd's, London Subscribing to Policy Number PGIARK05447-00
Represented By: Kelly J.C. Gallinger
Represented By: Aaron M. Dunn
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Defendant: Anthony Alford
Represented By: Kevin D. Feeback
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Defendant: Dual Trucking, Inc.
Represented By: Kevin D. Feeback
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