Nationwide Mutual Fire Insurance Company v. Smoky Mountain Country Club Property Owners Association, Inc. et al
Plaintiff: Nationwide Mutual Fire Insurance Company
Defendant: Smoky Mountain Country Club Property Owners Association and SMCC Club House, LLC
Case Number: 5:2019cv00180
Filed: May 3, 2019
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Insurance
Cause of Action: 28:1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 1, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 1, 2019 Filing 18 SMCC Clubhouse, LLC's ANSWER to #1 Complaint, with Jury Demand , First CROSSCLAIM against Smoky Mountain Country Club Property Owners Association, First COUNTERCLAIM S against Nationwide Mutual Fire Insurance Company by SMCC Club House, LLC. (Attachments: #1 Exhibit 1-Declaration, #2 Exhibit 2-Judgment) (Cloninger, John)
July 1, 2019 Filing 17 Memorandum in Support regarding #16 MOTION to Transfer Case to Western District of NC filed by SMCC Club House, LLC. (Attachments: #1 Affidavit Exhibit A-Affidavit of Michael Cornblum, #2 Exhibit B-Corporate Information RE SMCC, #3 Exhibit C-Corporate Information Smoky Mountain Country Club) (Cloninger, John)
July 1, 2019 Filing 16 MOTION to Transfer Case to Western District of NC filed by SMCC Club House, LLC. (Cloninger, John)
June 26, 2019 NOTICE OF DEFICIENCY regarding #14 Motion to Dismiss, Motion to Dismiss for Failure to State a Claim, #15 Motion to Transfer Case. A memorandum in support should be filed pursuant to Local Civil Rule 7.1(e). Counsel is encouraged to review the Local Rules of Civil Procedure as well as the CM/ECF Electronic Case Filing Administrative Polices and Procedures Manual found on the court's website at www.nced.uscourts.gov. When filing the memorandum(s), counsel shall use the event "Memorandum in Support" located under the "Responses and Replies" category and linking to the appropriate motion(s) when prompted to do so. (Collins, S.)
June 26, 2019 Filing 15 MOTION to Transfer Case filed by Smoky Mountain Country Club Property Owners Association. (Kilbourne, James)
June 26, 2019 Filing 14 MOTION to Dismiss under Brillhart abstention, Improper Venue-Federal forum, for forum non conveniens, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Smoky Mountain Country Club Property Owners Association. (Kilbourne, James)
June 26, 2019 Filing 13 ANSWER to #1 Complaint, with Jury Demand Motions to Dismiss, Affirmative Defenses by Smoky Mountain Country Club Property Owners Association. (Kilbourne, James)
June 25, 2019 NOTICE OF DEFICIENCY regarding #12 Answer to Complaint. This document should have been filed using a motion event. Counsel is directed to refile the document using the proper motion event(s). When refiling counsel is directed to select all motions that apply to the filing. See page 33 of the CM/ECF User's Manual for instructions on how to select multiple motions. (Collins, S.)
June 25, 2019 Filing 12 **REFILED AT #13 ** ANSWER to #1 Complaint, with Jury Demand by Smoky Mountain Country Club Property Owners Association. (Kilbourne, James) Modified on 6/26/2019 (Collins, S.).
June 25, 2019 Filing 11 Notice of Appearance filed by James W. Kilbourne, Jr on behalf of Smoky Mountain Country Club Property Owners Association. (Kilbourne, James)
May 21, 2019 TEXT ORDER granting the Motion for Extension of Time #9 filed by Defendant SMCC Club House, LLC. For good cause shown and with the consent of Plaintiff, it is ordered that this defendant has up to and including July 1, 2019, within which to answer or otherwise respond to the Complaint #1 . Signed by Peter A. Moore, Jr., Clerk of Court on 5/21/2019. (Hockaday, A.)
May 21, 2019 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #9 MOTION for Extension of Time to File Answer regarding #1 Complaint, or other Responses to Complaint. (Collins, S.)
May 21, 2019 Filing 10 Financial Disclosure Statement by SMCC Club House, LLC (Cloninger, John)
May 21, 2019 Filing 9 MOTION for Extension of Time to File Answer regarding #1 Complaint, or other Responses to Complaint filed by SMCC Club House, LLC. (Attachments: #1 Text of Proposed Order Proposed Order for Extension of Time) (Cloninger, John)
May 21, 2019 Filing 8 Notice of Appearance filed by John C. Cloninger on behalf of SMCC Club House, LLC. (Cloninger, John)
May 15, 2019 Filing 7 Affidavit of Service for Complaint for Declaratory Judgment filed by Nationwide Mutual Fire Insurance Company served on SMCC Clubhouse, LLC on 05/09/2019. (Attachments: #1 Exhibit Return Receipt) (Collins, Philip)
May 15, 2019 Filing 6 Affidavit of Service for Complaint for Declaratory Judgment filed by Nationwide Mutual Fire Insurance Company served on Smoky Mountain Country Club Property Owners Assoc., Inc. on 05/09/2019. (Attachments: #1 Exhibit Return Receipt) (Collins, Philip)
May 6, 2019 Filing 5 Summons Issued as to SMCC Club House, LLC, Smoky Mountain Country Club Property Owners Association. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.)
May 6, 2019 Notice to Counsel regarding: #2 Notice - Proposed Summons - Counsel is reminded that the court prefers flattened pdf fillable forms. Counsel should "flatten" the document prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed. (Rudd, D.)
May 6, 2019 Notice to Counsel - Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. (i.e. "Exhibit A" is not a sufficient description). No further action is needed at this time. (Rudd, D.)
May 6, 2019 Notice to Counsel - Pursuant to Local Civil Rule 10.1(c), except for the initial filing, all pleadings, motions, discovery procedures, notices, memoranda and other papers filed with the clerk of court shall bear the case number assigned by the clerk. No action required at this time. (Rudd, D.)
May 3, 2019 Filing 4 Financial Disclosure Statement by Nationwide Mutual Fire Insurance Company (Collins, Philip)
May 3, 2019 Filing 3 Notice of Appearance filed by Philip Alan Collins on behalf of Nationwide Mutual Fire Insurance Company. (Collins, Philip)
May 3, 2019 Filing 2 Notice filed by Nationwide Mutual Fire Insurance Company regarding #1 Complaint Civil Cover Sheet and Proposed Summons. (Attachments: #1 Proposed Summons, #2 Proposed Summons) (Collins, Philip)
May 3, 2019 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-4932722.), filed by Nationwide Mutual Fire Insurance Company. (Attachments: #1 Exhibit A- Answer and Counterclaims by Plaintiffs 14-CVS-238, #2 Exhibit B- North Carolina Court of Appeals Disposition, #3 Exhibit C- Certification, Declaration and Policy) (Collins, Philip) Modified on 5/6/2019 to describe exhibits. (Rudd, D.)

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Defendant: Smoky Mountain Country Club Property Owners Association
Represented By: James W. Kilbourne, Jr.
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Defendant: SMCC Club House, LLC
Represented By: John C. Cloninger
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Plaintiff: Nationwide Mutual Fire Insurance Company
Represented By: Philip Alan Collins
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