Felix et al v. Service Insurance Company
Christine Hutten and Daniel Felix |
Service Insurance Company, IAT Insurance Group, Inc., David Pirrung, Occidental Fire and Casualty Company of NC and Michael D. Blinson |
2:2020cv00045 |
July 1, 2020 |
US District Court for the Eastern District of North Carolina |
Louise Wood Flanagan |
Insurance |
42 U.S.C. § 4072 |
Plaintiff |
Docket Report
This docket was last retrieved on August 30, 2021. A more recent docket listing may be available from PACER.
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Filing 26 INITIAL ORDER REGARDING PLANNING AND SCHEDULING - Discovery Plan due by 10/2/20. Counsel should read attached order in its entirety for critical information and deadlines. Signed by District Judge Louise Wood Flanagan on 8/28/2020. (A copy of this Order was sent via US mail to Daniel Felix, P. O. Box 544, Frisco, NC 27936-0544 and Christine Hutten, P. O. Box 544, Frisco, NC 27936-0544.) (Collins, S.) |
Filing 25 ORDER - Plaintiffs' motion to remand to Dare County Superior Court #13 is DENIED. Defendants' partial motion to dismiss for failure to state a claim #15 is GRANTED. Plaintiffs' claims against defendants Pirrung, Blinson, Occidental, and IAT are DISMISSED WITH PREJUDICE. Defendants' motion to quash plaintiffs' jury demand #18 is GRANTED. The court's initial order on planning and scheduling will follow. Signed by District Judge Louise Wood Flanagan on 8/28/2020. (A copy of this Order was sent via US mail to Daniel Felix, P. O. Box 544, Frisco, NC 27936-0544 and Christine Hutten, P. O. Box 544, Frisco, NC 27936-0544.) (Collins, S.) |
Motions Submitted to District Judge Louise Wood Flanagan regarding #13 PLAINTIFF'S OBJECTION TO NOTICE OF REMOVAL, #18 MOTION to Quash Plaintiffs' Request for Jury Demand, #15 MOTION to Dismiss Improperly Named Party Defendants. (Collins, S.) |
Filing 24 Memorandum in Opposition regarding #13 Response to Notice of Removal filed by Service Insurance Company. (Attachments: #1 Exhibit A - Bassett Order) (DeJean, William) |
Filing 23 Notice of Self-Representation filed by Daniel Felix. (Collins, S.) |
Filing 22 Financial Disclosure Statement filed by Daniel Felix. (Collins, S.) |
Filing 21 Notice of Self-Representation filed by Christine Hutten. (Collins, S.) |
Filing 20 Financial Disclosure Statement filed by Christine Hutten. (Collins, S.) |
Filing 19 Memorandum in Support regarding #18 MOTION to Quash Plaintiffs' Request for Jury Demand filed by Service Insurance Company. (Attachments: #1 Exhibit Caselaw, #2 Exhibit Caselaw, #3 Exhibit Caselaw, #4 Exhibit Caselaw, #5 Exhibit Caselaw) (Merritt, Walter) |
Filing 18 MOTION to Quash Plaintiffs' Request for Jury Demand filed by Service Insurance Company. (Merritt, Walter) |
Filing 17 Rule 12 Letter Issued to Daniel Felix and Christine Hutten as to #15 MOTION to Dismiss Improperly Named Party Defendants. Responses due by 8/7/2020. (Collins, S.) |
Filing 16 Memorandum in Support regarding #15 MOTION to Dismiss Improperly Named Party Defendants filed by Michael D. Blinson, IAT Insurance Group, Inc., Occidental Fire and Casualty Company of NC, David Pirrung, Service Insurance Company. (Attachments: #1 Exhibit A - Declarations Page) (DeJean, William) |
Filing 15 MOTION to Dismiss Improperly Named Party Defendants filed by Michael D. Blinson, IAT Insurance Group, Inc., Occidental Fire and Casualty Company of NC, David Pirrung, Service Insurance Company. (Attachments: #1 Text of Proposed Order) (DeJean, William) |
NOTICE OF DEFICIENCY regarding #12 Motion to Dismiss. Counsel is directed to refile their Motion to Dismiss and Memorandum in Support as separate pleadings. Counsel should first file the Motion to Dismiss using the motion event. Counsel should then file the Memorandum in Support, using the MEMORANDUM IN SUPPORT event located under the Responses and Replies category, linking to the Motion to Dismiss when prompted to do so. See Section V.E.1(b) of the CM/ECF Policies and Procedures Manual. (Collins, S.) |
Filing 14 PLAINTIFF'S RESPONSE TO DEFENDANT'S NOTICE OF REMOVAL regarding #1 Notice of Removal filed by Daniel Felix, Christine Hutten. (Attachments: #1 Envelope) (Collins, S.) |
Filing 13 PLAINTIFF'S OBJECTION TO NOTICE OF REMOVAL regarding #1 Notice of Removal filed by Daniel Felix, Christine Hutten. (Collins, S.) Modified on 7/28/2020 to change filing event for motion to remand. (Collins, S.). |
Filing 12 **CORRECTED AND REFILED AT #15 ** MOTION to Dismiss Improperly Named Party Defendants filed by Michael D. Blinson, IAT Insurance Group, Inc., Occidental Fire and Casualty Company of NC, David Pirrung, Service Insurance Company. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Declarations Page, #3 Text of Proposed Order) (DeJean, William) Modified on 7/15/2020 (Collins, S.). |
Filing 11 State Court Record received (DeJean, William) |
Filing 10 Certificate of Service filed by Michael D. Blinson, IAT Insurance Group, Inc., Occidental Fire and Casualty Company of NC, David Pirrung, Service Insurance Company regarding Notice to Counsel, . (Attachments: #1 Exhibit A - 7/6/20 Letter to Plaintiffs, #2 Exhibit B - 7/7/20 Letter to Plaintiffs) (DeJean, William) |
Notice to Counsel regarding: #6 Financial Disclosure Statement, #5 Notice - Supplemental Removal Cover Sheet, #7 Financial Disclosure Statement, #8 Financial Disclosure Statement. Counsel should file a Certificate of Service indicating that these documents were served on the pro se plaintiffs. (Collins, S.) |
Filing 9 Notice of Related Case filed by Michael D. Blinson, IAT Insurance Group, Inc., Occidental Fire and Casualty Company of NC, David Pirrung, Service Insurance Company . (DeJean, William) |
Filing 8 Financial Disclosure Statement by Service Insurance Company identifying Corporate Parent IAT Insurance Group, Corporate Parent IAT Reinsurance Company LTD, Corporate Parent Goose Creek Capital, Inc., Corporate Parent Bay Area Insurance Services for Service Insurance Company. (DeJean, William) |
Filing 7 Financial Disclosure Statement by IAT Insurance Group, Inc. identifying Corporate Parent IAT Reinsurance Company LTD, Corporate Parent Goose Creek Capital, Inc. for IAT Insurance Group, Inc.. (DeJean, William) |
Filing 6 Financial Disclosure Statement by Occidental Fire and Casualty Company of NC identifying Corporate Parent IAT Insurance Group, Inc., Corporate Parent IAT Reinsurance Company LTD, Corporate Parent Goose Creek Capital, Inc. for Occidental Fire and Casualty Company of NC. (DeJean, William) |
Filing 5 Notice filed by Michael D. Blinson, IAT Insurance Group, Inc., Occidental Fire and Casualty Company of NC, David Pirrung, Service Insurance Company regarding #1 Notice of Removal,, Supplemental Removal Cover Sheet. (DeJean, William) |
Filing 4 Notice regarding #1 Notice of Removal and requirement to file a Notice of Appearance and a Notice of Self Representation mailed via US Mail to Daniel Felix and Christine Hutten at P. O. Box 544, Frisco, NC 27936-0544. (Rudd, D.) |
Notice to Counsel - Counsel did not properly identify attachments pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. Attachments must be clearly labeled (i.e., "Exhibit 1" is not a sufficient description). Additionally, when filing a document with more than five attachments, the first attachment must be an index of all of the subsequent attached documents. No further action is needed at this time. (Rudd, D.) |
NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Michael D. Blinson, IAT Insurance Group, Inc., Occidental Fire and Casualty Company of NC, David Pirrung, Service Insurance Company. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.) |
NOTICE OF DEFICIENCY regarding #1 Notice of Removal: Notice of Deficiency regarding #1 Notice of Removal: Counsel has failed to attach the Supplemental Removal Cover Sheet as required by Local Rule 5.3(a). This form can be found on the court's website and can be filed using the event Notice - Other. Counsel should add as attachments any other documents required under Local Rule 5.3(a) that have not already been filed. (Rudd, D.) |
Filing 3 Notice of Special Appearance for non-district by William R. DeJean on behalf of Michael D. Blinson, IAT Insurance Group, Inc., Occidental Fire and Casualty Company of NC, David Pirrung, Service Insurance Company. (DeJean, William) |
Filing 2 Notice of Appearance filed by Walter G. Merritt on behalf of Michael D. Blinson, IAT Insurance Group, Inc., Occidental Fire and Casualty Company of NC, David Pirrung, Service Insurance Company. (Merritt, Walter) |
Filing 1 NOTICE OF REMOVAL by David Pirrung, Service Insurance Company, Occidental Fire and Casualty Company of NC, Michael D. Blinson, IAT Insurance Group, Inc. from Superior Court of Dare County, case number 20-CVS-240. (Filing fee $400 receipt number 0417-5498410), filed by David Pirrung, Service Insurance Company, Occidental Fire and Casualty Company of NC, Michael D. Blinson, IAT Insurance Group, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1- Copy of Dare County Civil Summons, #3 Exhibit 2- State Court Pleadings, #4 Exhibit 3- Flood Policy Declarations, #5 Exhibit 4- Affidavit) (DeJean, William) Modified on 7/6/2020 to describe exhibits. (Rudd, D.) |
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