Cambridge Mutual Fire Insurance Company v. Rust-Oleum Corporation et al
Plaintiff: Cambridge Mutual Fire Insurance Company
Defendant: Rust-Oleum Corporation, Rust-Oleum Sales Company, Inc.., The Home Depot, Inc. and Rust-Oleum Sales, Inc.
Case Number: 1:2022cv00553
Filed: December 14, 2022
Court: US District Court for the District of New Hampshire
Presiding Judge: Samantha D Elliott
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 9, 2023 Filing 21 Proposed Discovery Plan filed by Rust-Oleum Corporation, Rust-Oleum Sales, Inc., The Home Depot, Inc.. (Peterson, Lindsey)
January 26, 2023 Filing 20 NOTICE of Attorney Appearance by Robert G. Goulet, Jr on behalf of Cambridge Mutual Fire Insurance Company Attorney Robert G. Goulet, Jr added to party Cambridge Mutual Fire Insurance Company(pty:pla).(Goulet, Robert)
January 26, 2023 Filing 19 NOTICE of Attorney Appearance by Andrew P. Fishkin on behalf of Rust-Oleum Corporation, Rust-Oleum Sales, Inc., The Home Depot, Inc. Attorney Andrew P. Fishkin added to party Rust-Oleum Corporation(pty:dft), Attorney Andrew P. Fishkin added to party Rust-Oleum Sales, Inc.(pty:dft), Attorney Andrew P. Fishkin added to party The Home Depot, Inc.(pty:dft).(Fishkin, Andrew)
January 26, 2023 Filing 18 NOTICE of Attorney Appearance by Zachary Winthrop Silverman on behalf of Rust-Oleum Corporation, Rust-Oleum Sales, Inc., The Home Depot, Inc. Attorney Zachary Winthrop Silverman added to party Rust-Oleum Corporation(pty:dft), Attorney Zachary Winthrop Silverman added to party Rust-Oleum Sales, Inc.(pty:dft), Attorney Zachary Winthrop Silverman added to party The Home Depot, Inc.(pty:dft).(Silverman, Zachary)
January 17, 2023 Opinion or Order ENDORSED ORDER granting #16 Motion for Robert G. Goulet, Jr. 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 Judge Samantha D. Elliott.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.(vln)
January 16, 2023 Filing 17 Disclosure Statement by Cambridge Mutual Fire Insurance Company disclosing no parent company, no publicly traded company, and no merger agreement. (McCarthy, Liam)
January 16, 2023 Filing 16 Assented to MOTION for Robert G. Goulet, Jr. to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2333600.) filed by Cambridge Mutual Fire Insurance Company. (Attachments: #1 Exhibit (Affidavit) 1 Affidavit of Robert Goulet)(McCarthy, Liam)
January 13, 2023 Opinion or Order ENDORSED ORDER granting #14 Motion for Andrew P. Fishkin to Appear Pro Hac Vice; granting #15 Motion Zachary W. Silver 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 Judge Samantha D. Elliott.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.(vln)
January 13, 2023 Filing 15 Assented to MOTION for Zachary W. Silverman to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2333213.) filed by Rust-Oleum Corporation, Rust-Oleum Sales, Inc., The Home Depot, Inc.. (Attachments: #1 Exhibit (Affidavit) Z. Silverman Affidavit)(Peterson, Lindsey)
January 13, 2023 Filing 14 Assented to MOTION for Andrew P. Fishkin to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2333201.) filed by Rust-Oleum Corporation, Rust-Oleum Sales, Inc., The Home Depot, Inc.. (Attachments: #1 Exhibit (Affidavit) A. Fishkin Affidavit)(Peterson, Lindsey)
January 4, 2023 Filing 13 Diversity of Citizenship Disclosure Statement by The Home Depot, Inc. identifying the citizenship of every individual or entity whose citizenship is attributed to them. (Peterson, Lindsey)
January 4, 2023 Filing 12 Disclosure Statement by The Home Depot, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. (Peterson, Lindsey)
January 4, 2023 Filing 11 ANSWER to Complaint filed by The Home Depot, Inc..(Peterson, Lindsey)
January 4, 2023 Filing 10 Diversity of Citizenship Disclosure Statement by Rust-Oleum Sales, Inc. identifying the citizenship of every individual or entity whose citizenship is attributed to them. (Peterson, Lindsey)
January 4, 2023 Filing 9 Disclosure Statement by Rust-Oleum Sales, Inc. disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Peterson, Lindsey)
January 4, 2023 Filing 8 ANSWER to Complaint filed by Rust-Oleum Sales, Inc..(Peterson, Lindsey)
January 4, 2023 Filing 7 Diversity of Citizenship Disclosure Statement by Rust-Oleum Corporation identifying the citizenship of every individual or entity whose citizenship is attributed to them. (Peterson, Lindsey)
January 4, 2023 Filing 6 Disclosure Statement by Rust-Oleum Corporation disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Peterson, Lindsey)
January 4, 2023 Filing 5 ANSWER to Complaint filed by Rust-Oleum Corporation.(Peterson, Lindsey)
January 4, 2023 NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 2/16/2023 02:00 PM before Judge Samantha D. Elliott. Discovery Plan DUE BY 2/9/2023. 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.(vln)
December 23, 2022 Filing 4 Certified Copies of State Court Record. State Court Case No. 226-2022-CV-00412, Hillsborough-South County Superior Court(Peterson, Lindsey)
December 19, 2022 Opinion or Order ENDORSED ORDER granting #3 Assented to MOTION to Extend Time to Answer to January 4, 2023 . Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Judge Samantha D. Elliott. (vln)
December 16, 2022 Filing 3 Assented to MOTION to Extend Time to Answer to January 4, 2023 filed by Rust-Oleum Corporation, Rust-Oleum Sales, Inc., The Home Depot, Inc.. (Attachments: #1 Exhibit Civil Form 3--Attachment to Mot. to Extend)(Peterson, Lindsey)
December 16, 2022 Filing 2 NOTICE of Attorney Appearance by Lindsey Kay Peterson on behalf of The Home Depot, Inc. Attorney Lindsey Kay Peterson added to party The Home Depot, Inc.(pty:dft).(Peterson, Lindsey)
December 16, 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)
December 16, 2022 NOTICE re #1 Notice of Removal - New Case, filed by Rust-Oleum Sales, Inc., Rust-Oleum Corporation. 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. Rust-Oleum Corporation, Rust-Oleum Sales Company, Inc., The Home Depot, Inc. shall file a disclosure statement within twenty-one (21) days from the date the notice of removal is filed or with the first appearance, pleading, petition, motion, response, objection, or request, whichever is filed sooner.(mc) Modified on 12/20/2022 to add language regarding 21 day deadline. (vln).
December 14, 2022 Case assigned to Judge Samantha D. Elliott. The case designation is: 1:22-cv-553-SE. Please show this number with the judge designation on all future pleadings. Disclosure Statement due within twenty-one (21) days from the date the notice of removal is filed or with the first appearance, pleading, petition, motion, response, objection, or request, whichever is filed sooner. Case Follow Up Deadline set for 3/14/2023. (mc) Modified on 12/20/2022 to add: language regarding 21-day deadline for filing disclosure statement(vln).
December 14, 2022 Filing 1 NOTICE OF REMOVAL with Jury Demand from Hillsborough Superior Court Southern District, case number 226-2022-CV-00412 (filing fee $402, receipt number ANHDC-2323719) filed by Rust-Oleum Sales Company, Inc.., Rust-Oleum Corporation. Answer Follow Up on 1/4/2023. 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 12/28/2022. (Attachments: #1 Exhibit A: Complaint, #2 Exhibit B: Ohio SOS Printout, #3 Exhibit C: Georgia SOS Printout, #4 Exhibit D: State Court Notice of Removal, #5 Exhibit E: Notice to Counsel, #6 Exhibit F: State Court Docket Sheet)(Peterson, Lindsey) (Additional attachment(s) added on 12/16/2022: #7 Civil Cover Sheet) (mc).

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Plaintiff: Cambridge Mutual Fire Insurance Company
Represented By: Liam John McCarthy
Represented By: Robert G. Goulet, Jr.
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Defendant: Rust-Oleum Corporation
Represented By: Lindsey Kay Peterson
Represented By: Andrew P. Fishkin
Represented By: Zachary Winthrop Silverman
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Defendant: Rust-Oleum Sales Company, Inc..
Represented By: Lindsey Kay Peterson
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Defendant: The Home Depot, Inc.
Represented By: Zachary Winthrop Silverman
Represented By: Lindsey Kay Peterson
Represented By: Andrew P. Fishkin
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Defendant: Rust-Oleum Sales, Inc.
Represented By: Lindsey Kay Peterson
Represented By: Andrew P. Fishkin
Represented By: Zachary Winthrop Silverman
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