PS Dive Shop, LLC et al v. Hiscox Dedicated Corporate Member Ltd. et al
| PS Dive Shop, LLC doing business as Portsmouth Scuba and Charles Oxendine |
| Hiscox Dedicated Corporate Member Ltd. |
| Sonya Melissa Tirey |
| 1:2021cv00945 |
| November 15, 2021 |
| US District Court for the District of New Hampshire |
| Landya B McCafferty |
| Insurance |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on January 12, 2022. A more recent docket listing may be available from PACER.
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| TRIAL NOTICE: Pretrial Statements due 1/18/2023. LR 16.2(d) Objections due 2/1/2023. Bench Trial set for the two-week period beginning 2/22/2023 at 09:30 AM before Chief Judge Landya B. McCafferty. Final Pretrial Conference set for 2/8/2023 at 03:00 PM before Chief Judge Landya B. McCafferty. (de) |
Filing 26
ORDER re: #20 Discovery Plan. Length of Trial 5 days. BENCH TRIAL Case Track: Standard. So Ordered by Magistrate Judge Andrea K. Johnstone. Summary Judgment Motions due by 10/18/2022. Dispositive Motion Filing Deadline 3/15/2022. Joint Statement regarding the status of discovery due by 9/15/2022.(de)
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| Minute Entry for proceedings held before Magistrate Judge Andrea K. Johnstone. PRETRIAL CONFERENCE held on 1/6/2022. Order to issue. (Pltfs Atty: Tierney Chadwick) (Defts Atty: Joseph Grasso, Nathan Fennessy, Chris Bailes, Robert Furbish, Alicia Curtis)(Total Hearing Time: 40 min.) (kad) |
| Filing 25 NOTICE of Attorney Appearance by Steven D. Silin on behalf of Sonya Melissa Tirey Defendant and Crossclaim Plaintiff Attorney Steven D. Silin added to party Sonya Melissa Tirey(pty:dft).(Silin, Steven) |
| Filing 24 NOTICE of Attorney Appearance by Robert H. Furbish on behalf of Sonya Melissa Tirey Defendant and Crossclaim Plaintiff Attorney Robert H. Furbish added to party Sonya Melissa Tirey(pty:dft).(Furbish, Robert) |
| Filing 23 NOTICE of Attorney Appearance by Christopher Bailes on behalf of Hiscox Dedicated Corporate Member Ltd. Attorney Christopher Bailes added to party Hiscox Dedicated Corporate Member Ltd.(pty:dft).(Bailes, Christopher) |
| Filing 22 NOTICE of Attorney Appearance by Joe Grasso on behalf of Hiscox Dedicated Corporate Member Ltd. Attorney Joe Grasso added to party Hiscox Dedicated Corporate Member Ltd.(pty:dft).(Grasso, Joe) |
| Filing 21 Addendum/ to #20 Proposed Discovery Plan filed by Hiscox Dedicated Corporate Member Ltd., Charles Oxendine, PS Dive Shop, LLC, Sonya Melissa Tirey. by Charles Oxendine, PS Dive Shop, LLC. (Chadwick, Tierney) |
| NOTICE of ECF Filing Error re: #20 Proposed Discovery Plan filed by Hiscox Dedicated Corporate Member Ltd., Charles Oxendine, PS Dive Shop, LLC, Sonya Melissa Tirey. THE PROPOSED DISOVERY PLAN IS NOT SIGNED. Please file a signature page as an Addendum and link it to document no. 20. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1623.Compliance Deadline set for 1/4/2022.(de) |
| Filing 20 Proposed Discovery Plan filed by Hiscox Dedicated Corporate Member Ltd., Charles Oxendine, PS Dive Shop, LLC, Sonya Melissa Tirey. Attorney Tierney M. Chadwick added to party Sonya Melissa Tirey(pty:crc).(Chadwick, Tierney) |
| Clerk's Notice - No Proposed Discovery Plan Filed. The parties are directed to file a proposed discovery plan within 24 hours of this notice. Follow up on Discovery Plan 1/3/2022.(de) |
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ENDORSED ORDER granting #19 Motion for Steven Silin to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de)
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ENDORSED ORDER granting #18 Motion for Robert Furbish to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de)
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| Filing 19 MOTION for Steven Silin to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2196021.) filed by Sonya Melissa Tirey. (Attachments: #1 Exhibit (Affidavit) Affidavit of Steven Silin, #2 Proposed Order Proposed Order for Admission Pro Hac Vice Steven Silin)(Curtis, Alicia) |
| Filing 18 MOTION for Robert H. Furbish to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2196013.) filed by Sonya Melissa Tirey. (Attachments: #1 Exhibit (Affidavit) Affidavit of Robert Furbish, #2 Proposed Order Proposed Order for Admission Pro Hac Vice Robert Furbish)(Curtis, Alicia) |
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ENDORSED ORDER granting #14 Assented to Motion for Laura Ann K. Froning to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de)
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ENDORSED ORDER granting #15 Assented to Motion for Christopher Bailes to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de)
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ENDORSED ORDER granting #16 Assented to Motion for Joseph G. Grasso to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(de)
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| Filing 17 ANSWER to #12 Answer to Complaint,, Crossclaim, by Hiscox Dedicated Corporate Member Ltd..(Fennessy, Nathan) |
| Filing 16 Assented to MOTION for Joseph G. Grasso to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2189463.) filed by Hiscox Dedicated Corporate Member Ltd.. (Attachments: #1 Exhibit (Affidavit))(Fennessy, Nathan) |
| Filing 15 Assented to MOTION for Christopher Bailes to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2189460.) filed by Hiscox Dedicated Corporate Member Ltd.. (Attachments: #1 Exhibit (Affidavit))(Fennessy, Nathan) |
| Filing 14 Assented to MOTION for Laura Ann K. Froning to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2189371.) filed by Hiscox Dedicated Corporate Member Ltd.. (Attachments: #1 Exhibit (Affidavit))(Fennessy, Nathan) |
| NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference via Video set for 1/6/2022 10:00 AM before Magistrate Judge Andrea K. Johnstone. Follow up on Discovery Plan 12/30/2021. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(kad) |
| Filing 13 Disclosure Statement by PS Dive Shop, LLC disclosing no parent company, no publicly traded company, and no merger agreement. (Chadwick, Tierney) |
| Filing 12 Defendant Sonya Melissa Tirey's ANSWER to Complaint for Declaratory Judgment, CROSSCLAIM against Hiscox Dedicated Corporate Member Ltd. filed by Sonya Melissa Tirey. (Attachments: #1 Exhibit Exhibit 1)(Curtis, Alicia) |
| Filing 11 NOTICE of Attorney Appearance by Alicia French Curtis on behalf of Sonya Melissa Tirey Attorney Alicia French Curtis added to party Sonya Melissa Tirey(pty:dft).(Curtis, Alicia) |
| Filing 10 CERTIFICATE OF SERVICE by Charles Oxendine, PS Dive Shop, LLC re: #2 Notice of Attorney Appearance (Chadwick, Tierney) |
| Filing 9 CERTIFICATE OF SERVICE by Hiscox Dedicated Corporate Member Ltd. re: #5 Answer to Complaint (Fennessy, Nathan) |
| Filing 8 CERTIFICATE OF SERVICE by Hiscox Dedicated Corporate Member Ltd. re: #4 Disclosure Statement (Fennessy, Nathan) |
| Filing 7 CERTIFICATE OF SERVICE by Hiscox Dedicated Corporate Member Ltd. re: #3 State Court Record (Fennessy, Nathan) |
| Filing 6 CERTIFICATE OF SERVICE by Hiscox Dedicated Corporate Member Ltd. re: #1 Notice of Removal - New Case,, (Fennessy, Nathan) |
| Filing 5 ANSWER to Complaint filed by Hiscox Dedicated Corporate Member Ltd..(Fennessy, Nathan) |
| Filing 4 Disclosure Statement by Hiscox Dedicated Corporate Member Ltd. disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Fennessy, Nathan) |
| NOTICE re #1 Notice of Removal - New Case, filed by Hiscox Dedicated Corporate Member Ltd. LR 7.1.1. In removal actions, a nongovernmental corporate plaintiff, partnership plaintiff, or LLC plaintiff must file a disclosure statement within twenty-one (21) days from the date the notice of removal is filed or with its first appearance, pleading, petition, motion, response, objection, or request, whichever is filed sooner. File Disclosure Statement using the Other Documents/Disclosure Statement event. PS Dive Shop, LLC shall file a disclosure statement by December 10, 2021. Disclosure Statement due 12/10/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (mc) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE.(mc) |
| NOTICE of ECF Filing Error re: #1 Notice of Removal - New Case, filed by Hiscox Dedicated Corporate Member Ltd. Incorrect/incomplete certificate of service - the Defendant, Sonya Melissa Tirey, is a pro se filer and should receive pleadings conventionally. Filer shall file a certificate of service using the Certificate of Service event and link the filing back to originally filed document. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423. Compliance Deadline set for 11/29/2021. (mc) |
| NOTICE of ECF Filing Errors re: #3 State Court Record filed by Hiscox Dedicated Corporate Member Ltd., #4 Disclosure Statement filed by Hiscox Dedicated Corporate Member Ltd., #5 Answer to Complaint filed by Hiscox Dedicated Corporate Member Ltd., #2 Notice of Attorney Appearance filed by PS Dive Shop, LLC, Charles Oxendine. The Defendant, Sonya Melissa Tirey, is a pro se filer and should receive pleadings conventionally. Counsel shall file updated certificate(s) of service using the Certificate of Service event and link the filing back to originally filed document. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1623.Compliance Deadline set for 11/24/2021.(de) |
| Filing 3 Certified Copies of State Court Record. State Court Case No. 216-2021-CV-0062, Hillsborough County - Northern District County Superior Court(Fennessy, Nathan) |
| Filing 2 NOTICE of Attorney Appearance by Tierney M. Chadwick on behalf of Charles Oxendine, PS Dive Shop, LLC (Chadwick, Tierney) |
| Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:21-cv-945-LM. Please show this number with the judge designation on all future pleadings. (mc) |
| Filing 1 NOTICE OF REMOVAL from Hillsborough County Superior Court, case number 216-2021-CV-000623 (filing fee $402, receipt number ANHDC-2183835) filed by Hiscox Dedicated Corporate Member Ltd.. Answer Follow Up on 12/6/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 11/29/2021. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit Notice of Removal to Counsel, #3 Exhibit Notice of Removal to State Court, #4 Civil Cover Sheet)(Fennessy, Nathan) |
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