The Cincinnati Specialty Underwriters Insurance Company v. Dynatemp International, Inc. et al
Plaintiff: The Cincinnati Specialty Underwriters Insurance Company
Defendant: FluoroFusion Specialty Chemicals, Inc., Harold B. Kivlan, IV, William Gresham, Dynatemp International, Inc., RMS of Georgia, LLC d/b/a Choice Refrigerants and David Couchot
Case Number: 5:2021cv00193
Filed: April 23, 2021
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Louise Wood Flanagan
Referring Judge: Richard E Myers
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 25, 2021 Filing 12 Financial Disclosure Statement by RMS of Georgia, LLC (Wisz, David)
May 24, 2021 NOTICE OF DEFICIENCY - Failure to File Correct Financial Disclosure Statement as to RMS of Georgia, LLC regarding #11 Financial Disclosure Statement. 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. (Collins, S.)
May 19, 2021 Filing 11 **CORRECTED AND REFILED AT #12 ** Financial Disclosure Statement by RMS of Georgia, LLC (Wisz, David) Modified on 5/27/2021 (Collins, S.).
May 19, 2021 Filing 10 ANSWER to #1 Complaint,, by RMS of Georgia, LLC. (Wisz, David)
May 19, 2021 Filing 9 Notice of Appearance filed by David S. Wisz on behalf of RMS of Georgia, LLC. (Wisz, David)
May 14, 2021 Filing 8 Waiver of Service Returned Executed filed by The Cincinnati Specialty Underwriters Insurance Company. RMS of Georgia, LLC waiver sent on 5/12/2021, answer due 7/11/2021. (Bowers, Deborah)
May 14, 2021 Filing 7 REQUEST FOR WAIVER of Service sent to Attorney David Wisz on 05/12/2021 by The Cincinnati Specialty Underwriters Insurance Company. Waiver of Service due by 6/11/2021. (Bowers, Deborah)
May 4, 2021 Filing 6 Financial Disclosure Statement by The Cincinnati Specialty Underwriters Insurance Company identifying Corporate Parent The Cincinnati Financial Corporation for The Cincinnati Specialty Underwriters Insurance Company. (Bowers, Deborah)
April 28, 2021 Filing 5 Notice of Appearance filed by Adam L. White on behalf of The Cincinnati Specialty Underwriters Insurance Company. (White, Adam)
April 27, 2021 TEXT ORDER REASSIGNING CASE. At the direction of the Court, this case is reassigned to United States District Judge Louise Wood Flanagan for all further proceedings. Chief United States District Judge Richard E. Myers II is no longer assigned to the case. All future filings should reflect the revised case number of 5:21-CV-193-FL. Signed by Peter A. Moore, Jr., Clerk of Court on 4/27/2021. (Hockaday, A.)
April 26, 2021 Opinion or Order Filing 4 Order Redesignating Division to Western Division. The Honorable Richard E. Myers II, Chief United States District Judge, will remain the presiding judge. All future documents shall reflect the new case number of 5:21-CV-193-M. No further filing shall be made in 4:21-CV-57-M. Signed by Peter A. Moore, Jr., Clerk of Court on 4/26/2021. (Waddell, K.)
April 26, 2021 Filing 3 Notice of Appearance filed by Deborah J. Bowers on behalf of The Cincinnati Specialty Underwriters Insurance Company. (Bowers, Deborah)
April 26, 2021 Filing 2 Notice filed by The Cincinnati Specialty Underwriters Insurance Company Form JS 44 Civil Cover Sheet. (Bowers, Deborah)
April 26, 2021 Case transferred in from Eastern Division Division on 04/26/2021. Former Number 4:21-cv-57-M. (Waddell, K.)
April 26, 2021 NOTICE OF DEFICIENCY regarding #1 Complaint - Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet using the event "Notice-Other" as soon as possible. (Rudd, D.)
April 26, 2021 NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to The Cincinnati Specialty Underwriters 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.)
April 26, 2021 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 A" 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. (Rudd, D.)
April 26, 2021 Notice to Counsel - All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)
April 26, 2021 Notice to Counsel - This case should have been filed in the Western division. The Clerk will enter a reassignment order correcting the error. (Rudd, D.)
April 26, 2021 Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Waddell, K.)
April 26, 2021 Notice to Counsel - No Summons provided for issuance or Waiver of Service filed. (Rudd, D.)
April 23, 2021 Filing 1 COMPLAINT for Declaratory Judgment against All Defendants ( Filing fee $ 402 receipt number 0417-6005244.), filed by THE CINCINNATI SPECIALTY UNDERWRITERS INSURANCE COMPANY. (Attachments: #1 Exhibit A- Copy of Insurance Policy, #2 Exhibit B- Copy of Complaint (5:20-CV-142-FL) with exhibits, #3 Exhibit C- A copy of (5:20-CV-147-FL) with exhibits, #4 Exhibit D- A copy of amended answer to complaint and counterclaims in (5:20-CV-142-FL), #5 Exhibit E- A copy of Order dated 10/23/20 in (5:20-CV-142-FL), #6 Exhibit F- A copy of RMS of Georgia's first amended counterclaims n (5:20-CV-147-FL) (Bowers, Deborah) Modified on 4/26/2021 to describe exhibits. (Rudd, D.)

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Defendant: FluoroFusion Specialty Chemicals, Inc.
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Defendant: Harold B. Kivlan, IV
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Defendant: William Gresham
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Defendant: Dynatemp International, Inc.
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Defendant: RMS of Georgia, LLC d/b/a Choice Refrigerants
Represented By: David S. Wisz
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Defendant: David Couchot
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Plaintiff: The Cincinnati Specialty Underwriters Insurance Company
Represented By: Deborah J. Bowers
Represented By: Adam L. White
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