Elisia Limited Partnership LLLP v. Interstate Fire & Casualty Company, Inc. et al
Plaintiff: Elisia Limited Partnership LLLP
Defendant: Cincinnati Insurance Company, Interstate Fire & Casualty Company, Inc. and CNA Insurance
Case Number: 1:2023cv01114
Filed: December 18, 2023
Court: US District Court for the District of New Mexico
Presiding Judge: John F Robbenhaar
Referring Judge: Steven C Yarbrough
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 12, 2024 Opinion or Order Filing 26 INITIAL SCHEDULING ORDER: by Magistrate Judge Steven C. Yarbrough. Joint Status Report due by 3/22/2024. Scheduling Conference set for 4/2/2024 at 02:30 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Steven C. Yarbrough. (kfo)
February 8, 2024 Filing 25 ***FILED IN ERROR*** NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 20 Consent to Proceed Before a U.S. Magistrate Judge, filed by CNA Insurance, 21 Consent to Proceed Before a U.S. Magistrate Judge, filed by Cincinnati Insurance Company, 17 Consent to Proceed Before a U.S. Magistrate Judge, filed by Elisia Limited Partnership LLLP, 23 Consent to Proceed Before a U.S. Magistrate Judge, filed by Interstate Fire & Casualty Company, Inc.. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (khs) Modified duplicate entry on 2/9/2024 (jg).
February 8, 2024 Filing 24 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 20 Consent to Proceed Before a U.S. Magistrate Judge, filed by CNA Insurance, 21 Consent to Proceed Before a U.S. Magistrate Judge, filed by Cincinnati Insurance Company, 17 Consent to Proceed Before a U.S. Magistrate Judge, filed by Elisia Limited Partnership LLLP, and 23 Consent to Proceed Before a U.S. Magistrate Judge, filed by Interstate Fire & Casualty Company, Inc.. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (eh)
February 7, 2024 Filing 23 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Interstate Fire & Casualty Company, Inc. voluntarily consent(s) to have United States Magistrate Judge John F. Robbenhaar conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Hepworth, Justin)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 6, 2024 Filing 22 NOTICE OF WITHDRAWAL OF DOCUMENT re #14 MOTION to Remand to State Court by Elisia Limited Partnership LLLP (Hnasko, Thomas) Modified text on 2/7/2024 (eh).
February 6, 2024 Filing 21 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Cincinnati Insurance Company voluntarily consent(s) to have United States Magistrate Judge John F. Robbenhaar conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Velardo, Vincent)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 5, 2024 Filing 20 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), CNA Insurance voluntarily consent(s) to have United States Magistrate Judge John F. Robbenhaar conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Garrett, Sean)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 5, 2024 Filing 19 REMINDER OF CONSENT SUBMISSION DEADLINE: A dispositive motion has been filed in this case. Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge if written consents from all parties have not been filed by 2/7/2024. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (ajp)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
January 31, 2024 Filing 18 RESPONSE in Opposition re #14 MOTION to Remand to State Court filed by CNA Insurance, Cincinnati Insurance Company, Interstate Fire & Casualty Company, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Hepworth, Justin)
January 18, 2024 Filing 17 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Elisia Limited Partnership LLLP voluntarily consent(s) to have United States Magistrate Judge John F. Robbenhaar conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Hnasko, Thomas)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
January 18, 2024 Filing 16 NOTICE OF CONSENT SUBMISSION DEADLINE: A dispositive motion has been filed in this case. Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge if written consents from all parties have not been filed by 2/7/2024 . The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (ajp)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
January 17, 2024 Filing 15 NOTICE of Appearance by David Lynn on behalf of Elisia Limited Partnership LLLP (Lynn, David)
January 17, 2024 Filing 14 MOTION to Remand to State Court by Elisia Limited Partnership LLLP. (Hnasko, Thomas)
January 5, 2024 Filing 13 NOTICE by CNA Insurance Defendants Continental Casualty Company's and Valley Forge Insurance Company's Consent to Removal (Garrett, Sean)
January 5, 2024 Filing 12 Corporate Disclosure Statement by CNA Insurance identifying Other Affiliate American Casualty Company of Reading, Pennsylvania, Other Affiliate CNA Financial Corporation, Other Affiliate Continental Casualty Company, Other Affiliate Continental Casualty Company, Other Affiliate Loews Corporation, Other Affiliate Valley Forge Insurance Company, Other Affiliate The Continental Corporation for CNA Insurance. (Garrett, Sean)
January 5, 2024 Filing 11 Defendants Continental Casualty Company's and Valley Forge Insurance Company's ANSWER to Complaint (Notice of Removal) for Breach of Contract, Violations of the Insurance Practices Act, Breach of the Covenant of Good Faith and Fair Dealing, and for Declaratory Judgment by CNA Insurance. (Garrett, Sean)
January 4, 2024 Filing 10 Corporate Disclosure Statement by Elisia Limited Partnership LLLP (Hnasko, Thomas)
January 4, 2024 Filing 9 Corporate Disclosure Statement by Elisia Limited Partnership LLLP (Hnasko, Thomas)
January 3, 2024 Filing 8 Corporate Disclosure Statement by Interstate Fire & Casualty Company, Inc. identifying Corporate Parent AGCS International Holding BV, Corporate Parent Allianz Global Corporate & Specialty SE, Corporate Parent Firemans Fund Insurance Company, Corporate Parent Allianz Europe B.V., Corporate Parent Allianz of America, Inc., Corporate Parent Allianz SE, Corporate Parent Allianz Global Risks US Insurance Company for Interstate Fire & Casualty Company, Inc.. (Hepworth, Justin)
January 3, 2024 Opinion or Order Filing 7 ORDER TO FILE RULE 7.1 NOTICE AND AMEND NOTICE OF REMOVAL by Magistrate Judge Steven C. Yarbrough. (kfo)
January 3, 2024 Filing 6 NOTICE of Appearance by Daniel G Litchfield on behalf of Cincinnati Insurance Company (Litchfield, Daniel)
January 2, 2024 Filing 5 Corporate Disclosure Statement by Cincinnati Insurance Company identifying Corporate Parent Cincinnati Financial Corporation for Cincinnati Insurance Company. (Velardo, Vincent)
January 2, 2024 Filing 4 ANSWER to Complaint (Notice of Removal) by Interstate Fire & Casualty Company, Inc.. (Hepworth, Justin)
January 2, 2024 Filing 3 ANSWER to Complaint (Notice of Removal) by Cincinnati Insurance Company. (Velardo, Vincent)
December 18, 2023 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge John F. Robbenhaar to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
December 18, 2023 Filing 1 NOTICE OF REMOVAL by Cincinnati Insurance Company (The) from First Judicial District Court Santa Fe County, case number D-101-CV-2023-02538. ( Filing Fee - Online Payment), filed by Cincinnati Insurance Company (The). (Attachments: #1 Exhibit A - Register of Actions, Complaint, Jury Demand, #2 Exhibit B - Notice of Filing of Notice of Removal, #3 Civil Cover Sheet)(Velardo, Vincent)
December 18, 2023 Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9137756 re #1 Notice of Removal, filed by Cincinnati Insurance Company (The) (Payment made via Pay.gov)(Velardo, Vincent)
December 18, 2023 United States Magistrate Judge John F. Robbenhaar and United States Magistrate Judge Steven C. Yarbrough assigned. (jg)

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Plaintiff: Elisia Limited Partnership LLLP
Represented By: Lisa Gabrielle Zammiello
Represented By: Thomas M. Hnasko
Represented By: David Lynn
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Defendant: Cincinnati Insurance Company
Represented By: Vincent J Velardo
Represented By: Daniel G Litchfield
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Defendant: Interstate Fire & Casualty Company, Inc.
Represented By: Amy M. Samberg
Represented By: Justin Scott Hepworth
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Defendant: CNA Insurance
Represented By: Sean E Garrett
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