PS Dive Shop, LLC et al v. Hiscox Dedicated Corporate Member Ltd. et al
Plaintiff: PS Dive Shop, LLC doing business as Portsmouth Scuba and Charles Oxendine
Cross Defendant: Hiscox Dedicated Corporate Member Ltd.
Cross Claimant: Sonya Melissa Tirey
Case Number: 1:2021cv00945
Filed: November 15, 2021
Court: US District Court for the District of New Hampshire
Presiding Judge: Landya B McCafferty
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 12, 2022 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)
January 7, 2022 Opinion or Order 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)
January 6, 2022 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)
January 5, 2022 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)
January 5, 2022 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)
January 5, 2022 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)
January 5, 2022 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)
January 4, 2022 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)
January 3, 2022 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)
December 31, 2021 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)
December 31, 2021 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)
December 29, 2021 Opinion or Order 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)
December 29, 2021 Opinion or Order 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)
December 15, 2021 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)
December 15, 2021 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 7, 2021 Opinion or Order 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)
December 2, 2021 Filing 17 ANSWER to #12 Answer to Complaint,, Crossclaim, by Hiscox Dedicated Corporate Member Ltd..(Fennessy, Nathan)
November 30, 2021 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)
November 30, 2021 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)
November 30, 2021 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)
November 30, 2021 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)
November 29, 2021 Filing 13 Disclosure Statement by PS Dive Shop, LLC disclosing no parent company, no publicly traded company, and no merger agreement. (Chadwick, Tierney)
November 23, 2021 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)
November 23, 2021 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)
November 23, 2021 Filing 10 CERTIFICATE OF SERVICE by Charles Oxendine, PS Dive Shop, LLC re: #2 Notice of Attorney Appearance (Chadwick, Tierney)
November 23, 2021 Filing 9 CERTIFICATE OF SERVICE by Hiscox Dedicated Corporate Member Ltd. re: #5 Answer to Complaint (Fennessy, Nathan)
November 23, 2021 Filing 8 CERTIFICATE OF SERVICE by Hiscox Dedicated Corporate Member Ltd. re: #4 Disclosure Statement (Fennessy, Nathan)
November 23, 2021 Filing 7 CERTIFICATE OF SERVICE by Hiscox Dedicated Corporate Member Ltd. re: #3 State Court Record (Fennessy, Nathan)
November 23, 2021 Filing 6 CERTIFICATE OF SERVICE by Hiscox Dedicated Corporate Member Ltd. re: #1 Notice of Removal - New Case,, (Fennessy, Nathan)
November 19, 2021 Filing 5 ANSWER to Complaint filed by Hiscox Dedicated Corporate Member Ltd..(Fennessy, Nathan)
November 19, 2021 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)
November 19, 2021 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)
November 19, 2021 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)
November 19, 2021 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)
November 19, 2021 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)
November 17, 2021 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)
November 16, 2021 Filing 2 NOTICE of Attorney Appearance by Tierney M. Chadwick on behalf of Charles Oxendine, PS Dive Shop, LLC (Chadwick, Tierney)
November 15, 2021 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)
November 15, 2021 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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Plaintiff: PS Dive Shop, LLC doing business as Portsmouth Scuba
Represented By: Tierney M. Chadwick
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Plaintiff: Charles Oxendine
Represented By: Tierney M. Chadwick
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Cross defendant: Hiscox Dedicated Corporate Member Ltd.
Represented By: Nathan Reed Fennessy
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Cross claimant: Sonya Melissa Tirey
Represented By: Alicia French Curtis
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