Coyle Trucking, Inc. v. Applied Underwriters, Inc. et al
| Coyle Trucking, Inc. |
| Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Continental Indemnity Company and Applied Risk Services, Inc. |
| 8:2022cv00187 |
| May 23, 2022 |
| US District Court for the District of Nebraska |
| Susan M Bazis |
| John M Gerrard |
| Cheryl R Zwart |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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Filing 37
TEXT ORDER granting #36 Motion to Withdraw as Attorney. Haley D. Torrey is withdrawn as counsel for the defendants and will no longer receive ECF notifications. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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| Filing 36 MOTION to Withdraw as Attorney Haley D. Torrey by Attorney Shand S. Stephens on behalf of Defendants Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., Continental Indemnity Company.(Stephens, Shand) |
| Filing 35 RESPONSE regarding MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #31 by Attorney Aaron L. Peskin on behalf of Plaintiff Coyle Trucking, Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Text of Proposed Order)(Peskin, Aaron) |
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Filing 34
ORDER On or before July 27, 2022, Attorney Haley D. Torrey must register for admission and for the System or show cause by written affidavit why compliance is not possible as required under the rules of the court. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed non-registered party) (LRM)
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| Filing 33 DECLARATION regarding MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #31 by Attorney Shand S. Stephens on behalf of Defendants Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., Continental Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Stephens, Shand) |
| Filing 32 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #31 by Attorney Shand S. Stephens on behalf of Defendants Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., Continental Indemnity Company.(Stephens, Shand) |
| Filing 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Shand S. Stephens on behalf of Defendants Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., Continental Indemnity Company.(Stephens, Shand) |
| Filing 30 TEXT ORDER granting Motion for Admission Pro Hac Vice #26 for attorney Ralph P. Ferrara. Ordered by Deputy Clerk. (JLS) |
| Filing 29 TEXT ORDER granting Motion for Admission Pro Hac Vice #25 for attorney Aaron L. Peskin. Ordered by Deputy Clerk. (JLS) |
| Filing 28 NOTICE of Appearance by Attorney Steven M. Rosato on behalf of Defendants Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., Continental Indemnity Company (Rosato, Steven) |
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Filing 27
TEXT ORDER Upon review of the letters filed by Defendants (Filing No. 21), and Plaintiff (Filing No. 24), Defendants' Motion to Dismiss and all associated briefing shall be updated, as needed, with applicable state and/or Eighth Circuit law, and filed in this court as follows: Defendants' Motion to Dismiss shall be filed on or before June 24, 2022. Plaintiff's response shall be filed on or before July 15, 2022. Any reply shall be filed on or before July 25, 2022. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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| Filing 26 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4650949 by Attorney Ralph P. Ferrara on behalf of Plaintiff Coyle Trucking, Inc..(Ferrara, Ralph) |
| Filing 25 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4650944 by Attorney Aaron L. Peskin on behalf of Plaintiff Coyle Trucking, Inc..(Peskin, Aaron) |
| Filing 24 LETTER to Judge Zwart by Attorney Aaron L. Peskin on behalf of Plaintiff Coyle Trucking, Inc..(Peskin, Aaron) |
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Filing 23
REASSIGNMENT ORDER - This case is related to case numbers 8:15CV90 and 8:18CV258. See NEGenR 1.4(a)(4)(C)(iii). Accordingly, pursuant to NEGenR 1.4(a)(4)(B), this case is reassigned to District Judge John M. Gerrard for disposition and is assigned to Magistrate Judge Cheryl R. Zwart for judicial supervision. Ordered by Chief Judge Robert F. Rossiter, Jr.. (LKO)
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| Filing 22 NOTICE of Related Case Under L.Gen.R. 1.4(a)(4) by Attorney Anthony P. Coles on behalf of Defendants Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., Continental Indemnity Company (Attachments: #1 Exhibit A, #2 Exhibit B)(Coles, Anthony) |
| Filing 21 LETTER to Hon. Susan M. Bazis, U.S.M.J. by Attorney Anthony P. Coles on behalf of Defendants Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., Continental Indemnity Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Coles, Anthony) |
| Filing 20 NOTICE of Appearance by Attorney Shand S. Stephens on behalf of Defendants Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., Continental Indemnity Company (Stephens, Shand) |
| Filing 19 NOTICE of Appearance by Attorney Anthony P. Coles on behalf of Defendants Applied Risk Services, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., Applied Underwriters, Inc., Continental Indemnity Company (Coles, Anthony) |
| Filing 18 ATTORNEY LETTER by Clerk that Attorney Aaron L. Peskin has not registered for admittance to practice. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO) |
| Filing 17 ATTORNEY LETTER by Clerk that Attorney Haley D. Torrey has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO) |
| Filing 16 TEXT NOTICE OF JUDGE ASSIGNED: Magistrate Judge Susan M. Bazis assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LKO) |
| Filing 15 Case transferred in from District of Pennsylvania Eastern; Case Number 2:19-cv-03164. Original electronic file received. |
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Filing 14
ORDER THAT THE DEFENDANTS MOTION TO TRANSFER VENUE OR ALTERNATIVELY DISMISS THE FIRST AMENDED COMPLAINT #7 AND ALL DOCUMENTS SUBMITTED IN SUPPORT THEREOF AND OPPOSITION THERETO, IT IS ORDERED THAT THE MOTION IS GRANTED. PLAINTIFFS CLAIMS WILL BE TRANSFERRED TO THE DISTRICT OF NEBRASKA IN OMAHA. BECAUSE THE CASE WILL BE TRANSFERRED TO THE DISTRICT OF NEBRASKA (OMAHA), THE COURT NEED NOT ADDRESS DEFENDANTS MOTION TO DISMISS THE INDIVIDUAL COUNTS OF THE COMPLAINT. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 5/20/22. 5/23/22 ENTERED AND COPIES E-MAILED.(bw) [Transferred from Pennsylvania Eastern on 5/23/2022.]
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| Filing 13 MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE R. BARCLAY SURRICK ON 5/20/22. 5/23/22 ENTERED AND COPIES E-MAILED.(bw) [Transferred from Pennsylvania Eastern on 5/23/2022.] |
| Case Transferred to District of NEBRASKA in OMAHA. (bw) [Transferred from Pennsylvania Eastern on 5/23/2022.] |
| Filing 12 Notice to Substitute Attorney filed by APPLIED RISK SERVICES, INC., APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., APPLIED UNDERWRITERS, INC., CONTINENTAL INDEMNITY COMPANY. Certificate of Service.(TORREY, HALEY) Modified on 7/10/2020 (tjd). [Transferred from Pennsylvania Eastern on 5/23/2022.] |
| Filing 11 Notice to Substitute Attorney filed by APPLIED RISK SERVICES, INC., APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., APPLIED UNDERWRITERS, INC., CONTINENTAL INDEMNITY COMPANY.Certificate of Service. (FILED IN ERROR; ATTORNEY ENTERING APPEARANCE MUST FILE NOTICE). (KREBS, MEGAN) Modified on 7/8/2020 (fb). [Transferred from Pennsylvania Eastern on 5/23/2022.] |
| Filing 10 Reply Memorandum of Law in Support re #7 MOTION to Transfer Venue or Alternatively to Dismiss the First Amended Complaint filed by APPLIED RISK SERVICES, INC., APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., APPLIED UNDERWRITERS, INC., CONTINENTAL INDEMNITY COMPANY. (KREBS, MEGAN) Modified on 11/4/2019 (lisad, ). [Transferred from Pennsylvania Eastern on 5/23/2022.] |
| Filing 9 Memorandum in Opposition re #7 MOTION to Transfer Venue or Alternatively to Dismiss the First Amended Complaint filed by COYLE TRUCKING, INC.. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(PESKIN, AARON) [Transferred from Pennsylvania Eastern on 5/23/2022.] |
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Filing 8
ORDER DENYING AS MOOT #4 DEFENDANTS NOTICE OF MOTION TO TRANSFER VENUE OR ALTERNATIVELY TO DISMISS THE COMPLAINT AS OUTLINED HEREIN. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 10/07/19. 10/07/19 ENTERED AND COPIES E-MAILED.(dmd,) [Transferred from Pennsylvania Eastern on 5/23/2022.]
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| Filing 7 MOTION to Transfer Venue or Alternatively to Dismiss the First Amended Complaint filed by APPLIED RISK SERVICES, INC., APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., APPLIED UNDERWRITERS, INC., CONTINENTAL INDEMNITY COMPANY.Brief, Declaration, Certificate of Service. (Attachments: #1 Brief, #2 Declaration of Megan E. Krebs, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Text of Proposed Order, #15 Certificate of Service)(KREBS, MEGAN) [Transferred from Pennsylvania Eastern on 5/23/2022.] |
| Filing 6 Amended Complaint against APPLIED RISK SERVICES, INC., APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., APPLIED UNDERWRITERS, INC. and CONTINENTAL INDEMNITY COMPANY filed by COYLE TRUCKING, INC.(mbh, ) [Transferred from Pennsylvania Eastern on 5/23/2022.] |
| Filing 5 RESPONSE in Opposition re #4 MOTION to Transfer Venue or Alternatively to Dismiss the Complaint filed by COYLE TRUCKING, INC.. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(PESKIN, AARON) [Transferred from Pennsylvania Eastern on 5/23/2022.] |
| Filing 4 MOTION to Transfer Venue or Alternatively to Dismiss the Complaint filed by APPLIED RISK SERVICES, INC., APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., APPLIED UNDERWRITERS, INC., CONTINENTAL INDEMNITY COMPANY.Brief, Declaration, Certificate of Service. (Attachments: #1 Brief, #2 Declaration of Megan E. Krebs, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Text of Proposed Order, #13 Certificate of Service)(KREBS, MEGAN) [Transferred from Pennsylvania Eastern on 5/23/2022.] |
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Filing 3
STIPULATION AND ORDER THAT APPLIED RISK SERVICES, INC; APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC.; APPLIED UNDERWRITERS, INC.; CONTINENTAL INDEMNITY COMPANY SHALL ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT SHALL BE EXTENDED TO 9/6/19; ETC.. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 7/24/19. 7/25/19 ENTERED AND E-MAILED.(jl, ) [Transferred from Pennsylvania Eastern on 5/23/2022.]
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| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 Identifying Corporate Parent BERKSHIRE HATHAWAY INC. for APPLIED RISK SERVICES, INC., APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., APPLIED UNDERWRITERS, INC., CONTINENTAL INDEMNITY COMPANY. by APPLIED RISK SERVICES, INC., APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., APPLIED UNDERWRITERS, INC., CONTINENTAL INDEMNITY COMPANY. (Attachments: #1 DISCLOSURE, #2 DISCLOSURE, #3 DISCLOSURE)(jaa, ) [Transferred from Pennsylvania Eastern on 5/23/2022.] |
| Filing 1 NOTICE OF REMOVAL WITH CERTIFICATE OF SERVICE by APPLIED RISK SERVICES, INC., APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., APPLIED UNDERWRITERS, INC., CONTINENTAL INDEMNITY COMPANY from COURT OF COMMON PLEAS PHILADELPHIA COUNTY, case number TERM, 2019 005249. (Filing fee $ 400 receipt number PPE200715) (Attachments: #1 Exhibit, #2 CIVIL COVER SHEET)(jaa, ) [Transferred from Pennsylvania Eastern on 5/23/2022.] |
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