AMERI-FAB, LLC v. VANGUARD ENERGY PARTNERS, LLC, et al
| AMERI-FAB, LLC |
| VANGUARD ENERGY PARTNERS, LLC and BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY |
| ASPEN AMERICAN INSURANCE COMPANY |
| 2:2022cv07437 |
| December 21, 2022 |
| US District Court for the District of New Jersey |
| Jessica S Allen |
| Madeline Cox Arleo |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on February 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 56 ANSWER to Third Party Complaint by ASPEN AMERICAN INSURANCE COMPANY.(BONACCI, JOANNE) |
| Filing 55 NOTICE of Appearance by PAUL MANDAL on behalf of ASPEN AMERICAN INSURANCE COMPANY (MANDAL, PAUL) |
Filing 54
LETTER ORDER: Initial Conference set for 3/22/2023 at 1:00 PM before Magistrate Judge Jessica S. Allen. Signed by Magistrate Judge Jessica S. Allen on 2/7/23. (jbb)
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| Filing 53 Ameri-Fab ANSWER to Counterclaim by AMERI-FAB, LLC.(BONACCI, JOANNE) |
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Filing 52
CONSENT ORDER EXTENDING TIME TO ANSWER, MOVE OR OTHERWISE REPLY; that the Plaintiff, Ameri-Fab, be permitted to file a responsive answer, move or otherwise plead/respond with respect to Vanguards Counterclaim on or before February 3, 2023. Signed by Magistrate Judge Jessica S. Allen on 1/30/2023. (ld, )
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| Clerk`s Text Order - The document #51 Application for Clerk's Order to Ext Answer/Proposed Order submitted by ASPEN AMERICAN INSURANCE COMPANY has been GRANTED. The answer due date has been set for 2/10/2023. (ld, ) |
| Filing 51 Application and Proposed Order for Clerk's Order to extend time to answer. (BONACCI, JOANNE) |
| Filing 50 NOTICE of Appearance by JOANNE M. BONACCI on behalf of ASPEN AMERICAN INSURANCE COMPANY (BONACCI, JOANNE) |
| Filing 49 STIPULATION extension of time by AMERI-FAB, LLC. (BONACCI, JOANNE) |
| Filing 48 AFFIDAVIT of Service for Third-Party Complaint served on Erika Douglas on 01/06/2023, filed by VANGUARD ENERGY PARTNERS, LLC. (TRIF, GREG) |
| Filing 47 NOTICE of Appearance by PAUL MANDAL on behalf of AMERI-FAB, LLC (MANDAL, PAUL) |
| Filing 46 NOTICE of Appearance by JOANNE M. BONACCI on behalf of AMERI-FAB, LLC (BONACCI, JOANNE) |
| Filing 45 Substitution of Attorney - Attorney ANNE ELIZABETH PENIX terminated. Attorney JOANNE M. BONACCI for AMERI-FAB, LLC,JOANNE M. BONACCI for AMERI-FAB, LLC added.. (Attachments: #1 Certificate of Service)(PENIX, ANNE) |
| Filing 44 SUMMONS ISSUED as to ASPEN AMERICAN INSURANCE COMPANY. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ld, ) |
| Filing 43 Request for Summons to be Issued by VANGUARD ENERGY PARTNERS, LLC as to ASPEN AMERICAN INSURANCE COMPANY. (TRIF, GREG) |
| Pro Hac Vice fee received as to John M. Rodgers $ 150, receipt number TRE130223 (kht) |
| Pro Hac Vice counsel, JOHN M. ROGERS, ESQ., has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ld, ) |
| Filing 42 Notice of Request by Pro Hac Vice John M. Rogers to receive Notices of Electronic Filings. (PENIX, ANNE) |
| Filing 41 Letter from Anne E. Penix. (Attachments: #1 Brief Plaintiff's Objections to Magistrate Judge's Order Transferring Venue)(PENIX, ANNE) |
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Filing 40
ORDER granting #39 Plaintiff's Application for the Pro Hac Vice Admission of JOHN M. ROGERS. Signed by Magistrate Judge Jessica S. Allen on 12/27/2022. (dam)
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| Filing 39 Letter from Anne E. Penix. (Attachments: #1 Text of Proposed Order, #2 Certification)(PENIX, ANNE) |
| Filing 38 THIRD PARTY COMPLAINT against ASPEN AMERICAN INSURANCE COMPANY, filed by VANGUARD ENERGY PARTNERS, LLC.(TRIF, GREG) |
| Filing 37 NOTICE of Appearance by ERIC J. HUGHES on behalf of All Defendants (HUGHES, ERIC) |
| Filing 36 Vanguard Energy Partners, LLC's ANSWER to Amended Complaint with, COUNTERCLAIM against AMERI-FAB, LLC by VANGUARD ENERGY PARTNERS, LLC.(TRIF, GREG) |
| Filing 35 NOTICE of Appearance by ANNE ELIZABETH PENIX on behalf of AMERI-FAB, LLC (Attachments: #1 Certificate of Service)(PENIX, ANNE) |
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Filing 34
TEXT ORDER REALLOCATING AND REASSIGNING CASE. Case Number 3:22-cv-7437. Case reallocated to Newark and reassigned to Judge Madeline Cox Arleo and Magistrate Judge Jessica S. Allen for all further proceedings. Judge Michael A. Shipp, Magistrate Judge Tonianne J. Bongiovanni no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 12/22/22. (ak, )
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| Filing 33 Certified Copy of Transfer Order and docket received, Case transferred in from District of Texas Western; Case Number 5:22-cv-00767. Original file certified copy of transfer order and docket sheet received. |
| Judge Michael A. Shipp and Magistrate Judge Tonianne J. Bongiovanni added. (kht) |
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Filing 32
ORDER GRANTING #17 MOTION to Transfer Case filed by Berkshire Hathaway Specialty Insurance Company, MOOT #19 MOTION to Stay filed by Berkshire Hathaway Specialty Insurance Company. IT IS ORDERED that the Clerk shall TRANSFER this action and all claims asserted in Ameri-Fabs complaint, Dkt. No. 1, to the District of New Jersey, Newark Vicinage,pursuant to 28 U.S.C. 1404(a), in the interests of convenience and judicial economy. Signed by Judge Richard B. Farrer. (wg)
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| Filing 31 Plaintiff's Response in Opposition to Motion, filed by AMERI-FAB, LLC, re #30 MOTION to Stay Discovery and Brief in Support filed by Defendant VANGUARD ENERGY PARTNERS, LLC, and Pltf's Mtn to Order Rule 26(f) Conference (Attachments: #1 Exhibit A - Affidavit of Elizabeth Connally, #2 Exhibit B - Corr dated 9/20/22, #3 Exhibit C - Corr dated 10/25/22)(McLin, Ian) |
| Filing 30 MOTION to Stay Discovery and Brief in Support by VANGUARD ENERGY PARTNERS, LLC,. (Attachments: #1 Supplement Certificate of Conference, #2 Affidavit Affidavit of Greg Trif, #3 Proposed Order). Motions referred to Judge Richard B. Farrer. (Weinstein, Gregory) |
| Filing 29 Minute Entry for proceedings held before Judge Richard B. Farrer: Written Order Forthcoming.Motion Hearing held on 10/12/2022 re #17 MOTION to Transfer Case filed by Berkshire Hathaway Specialty Insurance Company, #19 MOTION to Stay filed by Berkshire Hathaway Specialty Insurance Company (Minute entry documents are not available electronically.). (Court Reporter FTR-Gold.)(wg) |
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Text Order GRANTING #28 Motion to Appear Pro Hac Vice. It is this Court's policy to require all counsel to apply for admission to the Western District's federal bar and to follow through with the application as a condition of appearance pro hac vice in any case. This Court, however, has made an exception for counsel if their practice in the District is limited to one case and, in limited circumstances, a licensed Western District of Texas attorney is involved in the case as co-counsel. Here, a licensed Western District of Texas attorney has been designated as co-counsel. Therefore, counsel may appear in this case pro hac vice without seeking admission to practice in the Western District of Texas, although counsel is free to seek and is encouraged to seek admission if that is desired. Any future appearance in the Western District of Texas will require that counsel apply for admission and be admitted into this District, unless otherwise ordered by the Court. The Court further ORDERS that counsel must become familiar with the Local Court Rules of the United States District Court for the Western District of Texas, a copy of which may be obtained from the United States District Clerk for the Western District of Texas or from the Court's website. Finally, IT IS FURTHER ORDERED that counsel appearing pro hac vice, pursuant to Section 6 of the Administrative Policies and Procedures for Electronic Filing in Civil and Criminal Cases in the Western District of Texas, must register as a filing user within ten (10) days of this Order. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (AS)
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| Filing 28 MOTION to Appear Pro Hac Vice by Gregory M. Weinstein ( Filing fee $ 100 receipt number ATXWDC-16598075) by on behalf of Berkshire Hathaway Specialty Insurance Company, VANGUARD ENERGY PARTNERS, LLC,. (Attachments: #1 Proposed Order). Motions referred to Judge Richard B. Farrer. (Weinstein, Gregory) |
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Filing 27
ORDER SETTING HEARING re #17 MOTION to Transfer Case filed by Berkshire Hathaway Specialty Insurance Company, #19 MOTION to Stay filed by Berkshire Hathaway Specialty Insurance Company, ( Motion Hearing set Via Zoom for 10/12/2022 01:30 PM before Judge Richard B. Farrer,). Signed by Judge Richard B. Farrer. (wg)
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| Filing 26 Plaintiff's Sur Reply Brief to #24 Reply to Response to Motion by AMERI-FAB, LLC. (wg) |
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Text Order GRANTING #25 Motion for Leave to File as unopposed. See Local Rule CV-7(d)(2). The Clerk is directed to place on the docket Plaintiff's Surreply to Defendant Vanguard Energy Partners, LLC's Motion to Transfer, which is attached to the Motion #25 as Exhibit A. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (AS)
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| Filing 25 Opposed MOTION for Leave to File Plaintiff Ameri-Fab, LLC's Surreply to Vanguard's Reply by AMERI-FAB, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order). Motions referred to Judge Richard B. Farrer. (Sommers, William) |
| Filing 24 REPLY to Response to Motion, filed by VANGUARD ENERGY PARTNERS, LLC,, re #17 MOTION to Transfer Case filed by Defendant Berkshire Hathaway Specialty Insurance Company Motion to Transfer filed by Vanguard (Weinstein, Gregory) |
| Filing 23 REPLY to Response to Motion, filed by Berkshire Hathaway Specialty Insurance Company, re #19 MOTION to Stay filed by Defendant Berkshire Hathaway Specialty Insurance Company (Weinstein, Gregory) |
| Filing 22 Plaintiff's Response in Opposition to Motion, filed by AMERI-FAB, LLC, re #19 MOTION to Stay filed by Defendant Berkshire Hathaway Specialty Insurance Company (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Sommers, William) |
| Filing 21 Plaintiff's Response in Opposition to Motion, filed by AMERI-FAB, LLC, re #17 MOTION to Transfer Case filed by Defendant Berkshire Hathaway Specialty Insurance Company (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Sommers, William) |
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Text Order GRANTING #20 Motion for Extension of Time to File Response #20 re #19 MOTION to Stay. The deadline for Plaintiff to fileits response to Defendants #19 Motion to Stay shall be August 23, 2022. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (RBF)
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| Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Stay by AMERI-FAB, LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Richard B. Farrer. (Sommers, William) |
| Filing 19 MOTION to Stay by Berkshire Hathaway Specialty Insurance Company. (Attachments: #1 Affidavit, #2 Proposed Order). Motions referred to Judge Richard B. Farrer. (Weinstein, Gregory) |
| Filing 18 ANSWER to #8 Amended Complaint, . Attorney Gregory M. Weinstein added to party Berkshire Hathaway Specialty Insurance Company(pty:dft) by Berkshire Hathaway Specialty Insurance Company.(Weinstein, Gregory) |
| Filing 17 MOTION to Transfer Case by Berkshire Hathaway Specialty Insurance Company. (Attachments: #1 Affidavit, #2 Proposed Order). Motions referred to Judge Richard B. Farrer. (Weinstein, Gregory) |
| Filing 16 SUMMONS Returned Executed by AMERI-FAB, LLC. VANGUARD ENERGY PARTNERS, LLC, served on 7/27/2022, answer due 8/17/2022. (Sommers, William) |
| Filing 15 SUMMONS Returned Executed by AMERI-FAB, LLC. Berkshire Hathaway Specialty Insurance Company served on 7/27/2022, answer due 8/17/2022. (Sommers, William) |
| Filing 14 SUMMONS Returned Executed by AMERI-FAB, LLC. VANGUARD ENERGY PARTNERS, LLC, served on 7/21/2022, answer due 8/11/2022. (Sommers, William) |
| Filing 13 SUMMONS Returned Executed by AMERI-FAB, LLC. Berkshire Hathaway Specialty Insurance Company served on 7/21/2022, answer due 8/11/2022. (Sommers, William) |
| Filing 12 Certificate of Interested Parties by AMERI-FAB, LLC. (Rogers, John) |
| Filing 11 Summons Issued as to Berkshire Hathaway Specialty Insurance Company, VANGUARD ENERGY PARTNERS, LLC,. (wg) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS by AMERI-FAB, LLC. (Sommers, William) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS by AMERI-FAB, LLC. (Sommers, William) |
| Filing 8 AMENDED COMPLAINT against All Defendants amending, filed by AMERI-FAB, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Sommers, William) |
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Filing 7
ORDER REFERRING CASE to Magistrate Judge Richard B. Farrer. Signed by Judge Jason K. Pulliam. (wg)
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| Filing 6 Summons Issued as to Berkshire Hathaway Specialty Insurance Company, VANGUARD ENERGY PARTNERS, LLC,. (wg) |
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Filing 5
STANDING ORDER for procedure in cases before Judge Pulliam. All parties and counsel are directed to review Judge Pulliam's Standing Order containing rules of practice, particularly the requirement of conference before filing a Motion to Dismiss under Federal Rule 12(b)(6) and demonstration of complete diversity. Failure to follow these rules of practice could result in the Court striking the Motion to Dismiss on its own initiative without further notice. Signed by Judge Jason Pulliam.
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| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS by AMERI-FAB, LLC. (Sommers, William) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS by AMERI-FAB, LLC. (Sommers, William) |
| Filing 2 NOTICE of Attorney Appearance by John M. Rogers on behalf of AMERI-FAB, LLC. Attorney John M. Rogers added to party AMERI-FAB, LLC(pty:pla) (Rogers, John) |
| Filing 1 COMPLAINT ( Filing fee $ 402 receipt number 0542-16275133). No Summons requested at this time, filed by AMERI-FAB, LLC. (Attachments: #1 Civil Cover Sheet)(Sommers, William) |
| Case assigned to Judge Jason K. Pulliam. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (wg) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (wg) |
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