Foundry Restaurant LLC v. The Cincinnati Insurance Companies
Plaintiff: Foundry Restaurant and Foundry Restaurant LLC
Defendant: The Cincinnati Insurance Company and The Cincinnati Insurance Companies
Case Number: 1:2022cv00116
Filed: April 8, 2022
Court: US District Court for the District of New Hampshire
Presiding Judge: Joseph N Laplante
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 31, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 31, 2022 Filing 15 Assented to MOTION to Extend Time For Defendant to File a Reply filed by The Cincinnati Insurance Companies.(Minich, Bethany)
May 31, 2022 Opinion or Order ENDORSED ORDER granting re #15 Assented to Motion to Extend Time For Defendant to File a Reply. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Reply on 6/17/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(ko)
May 27, 2022 Filing 14 OBJECTION to #7 MOTION to Dismiss filed by Foundry Restaurant LLC. Follow up on Reply on 6/3/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit A- Supplemental Authority)(O'Neil, Michael)
May 27, 2022 Opinion or Order ENDORSED ORDER granting #13 Joint MOTION to Extend Time To File Discovery Plan. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)
May 26, 2022 Filing 13 Joint MOTION to Extend Time To File Discovery Plan filed by The Cincinnati Insurance Companies.Follow up on Objection on 6/9/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Minich, Bethany)
May 20, 2022 Filing 12 MOTION to Stay Unopposed filed by Foundry Restaurant LLC.Follow up on Objection on 6/3/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit A -Superior Court Order, #2 Exhibit B - Interlocutory Appeal Statement, #3 Exhibit C - Supreme Court Order)(O'Neil, Michael)
May 3, 2022 NOTICE OF VIDEO PRETRIAL CONFERENCE. The preliminary pretrial conference will not be canceled and at least one counsel for each party will be required to attend. While not mandatory, the court prefers that the Joint Discovery Plan filed in accordance with Fed. R. Civ. P. 26(f) specify a summary judgment deadline which falls after the close of discovery, but at least 120 days before trial. Video Pretrial Conference set for 6/2/2022 at 02:30 PM before Judge Joseph N. Laplante. Follow up on Discovery Plan 5/26/2022. 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.(ko)
May 2, 2022 Opinion or Order ENDORSED ORDER granting re #11 Assented to Motion to Extend Time to Object/Respond to #7 Motion to Dismiss to May 27, 2022. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 5/27/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(ko)
May 2, 2022 Filing 11 Assented to MOTION to Extend Time to Object/Respond to #7 MOTION to Dismiss to May 27, 2022 filed by Foundry Restaurant LLC.(O'Neil, Michael)
May 2, 2022 Filing 10 NOTICE of Attorney Appearance by Michael K. O'Neil on behalf of Foundry Restaurant LLC (O'Neil, Michael)
May 2, 2022 Filing 9 NOTICE of Attorney Appearance by Michael S. Lewis on behalf of Foundry Restaurant LLC Attorney Michael S. Lewis added to party Foundry Restaurant LLC(pty:pla).(Lewis, Michael)
May 2, 2022 Case reassigned to Judge Joseph N. Laplante. Reason for Reassignment: not all parties consent to the assignment of this case to the magistrate judge. The new case designation is: 22-cv-116-JL. Please show this number with the correct judge designation on all further pleadings.(kad)
May 2, 2022 NOTICE of ECF Filing Error - NO ACTION REQUIRED - re: #8 Miscellaneous Filing (Refusal to Consent to Proceed Before a US Magistrate Judge) filed by The Cincinnati Insurance Companies: Filer used the wrong event. Filer should have used Other Documents - Consent/Objection--Magistrate Judge Assignment; #7 MOTION to Dismiss filed by The Cincinnati Insurance Companies. No description of exhibit or attachment was included. Exhibit or attachment shall be followed by a short description of the document and shall not exceed five words. AP 2.5(a). See #Properly Attach Exhibits to Pleadings in ECF. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(kad)
April 29, 2022 Filing 8 Refusal to Consent to Proceed Before a US Magistrate Judge by The Cincinnati Insurance Companies(Minich, Bethany)
April 29, 2022 Filing 7 MOTION to Dismiss filed by The Cincinnati Insurance Companies. If no consent form has yet been filed, the plaintiff is required to file a consent on or before the date of filing an objection to this Motion.Follow up on Objection on 5/13/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). MJ Consent Form Due 5/13/2022. (Attachments: #1 Memorandum of Law, #2 Exhibit A Certified Policy, #3 Exhibit B CDC Guidelines, #4 Exhibit C Executive Order, #5 Exhibit D Executive Order)(Minich, Bethany) Modified on 5/2/2022 to add exhibit descriptions: (kad).
April 29, 2022 Filing 6 Disclosure Statement by Foundry Restaurant LLC disclosing no parent company, no publicly traded company, and no merger agreement. (O'Neil, Michael)
April 12, 2022 Filing 5 Certified Copies of State Court Record. State Court Case No. 216-2022-CV-00127, Hillsborough North County Superior Court (Attachments: #1 State Court Record Part 2 of 4, #2 State Court Record Part 3 of 4, #3 State Court Record Part 4 of 4)(Minich, Bethany)
April 12, 2022 Filing 4 Disclosure Statement by The Cincinnati Insurance Companies disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Minich, Bethany)
April 12, 2022 Opinion or Order ENDORSED ORDER granting #3 Assented to MOTION to Extend Time to Answer to 4/29/2022 . Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone. Answer Follow Up on 4/29/2022. (kad)
April 11, 2022 Filing 3 Assented to MOTION to Extend Time to Answer to 4/29/2022 filed by The Cincinnati Insurance Companies.(Minich, Bethany)
April 11, 2022 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)
April 11, 2022 NOTICE re #1 Notice of Removal - New Case, filed by The Cincinnati Insurance Companies. Pursuant to Federal Rules of Civil Procedure and Local Rules, Disclosure Statements must be filed after filing case initiating document. No Disclosure Statement has been filed. File Disclosure Statement using the Other Documents/Disclosure Statement event. The Cincinnati Insurance Companies shall file a disclosure statement by April 18, 2022. Disclosure Statement due 4/18/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(mc)
April 11, 2022 NOTICE re #1 Notice of Removal - New Case, filed by The Cincinnati Insurance Companies. 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. Foundry Resturant LLC shall file a disclosure statement by May 2, 2022. Disclosure Statement due 5/2/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(mc)
April 8, 2022 Filing 2 NOTICE of Assignment to U.S. Magistrate Judge and Consent Form sent to all parties. MJ Consent Form Due 5/31/2022. (mc)
April 8, 2022 Case assigned to Magistrate Judge Andrea K. Johnstone. The case designation is: 1:22-cv-116-AJ. Please show this number with the judge designation on all future pleadings. (mc)
April 8, 2022 Filing 1 NOTICE OF REMOVAL with Jury Demand from Hillsborough North, case number 216-2022-CV-00127 (filing fee $402, receipt number ANHDC-2236325) filed by The Cincinnati Insurance Company. Answer Follow Up on 4/29/2022. 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 4/22/2022. (Attachments: #1 Notice of Removal part 2 of 4, #2 Notice of Removal part 3 of 4, #3 Notice of Removal part 4 of 4, #4 Civil Cover Sheet)(Minich, Bethany)

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Plaintiff: Foundry Restaurant
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Plaintiff: Foundry Restaurant LLC
Represented By: Michael S. Lewis
Represented By: Michael K. O'Neil
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Defendant: The Cincinnati Insurance Company
Represented By: Bethany P. Minich
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Defendant: The Cincinnati Insurance Companies
Represented By: Bethany P. Minich
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