Hart v. Travelers Property Casualty Company of America et al
Plaintiff: Walter L. Hart, IV as Guardian ad Litem for Dominique D. Nortcutt, an incompetetent Adult and Walter L. Hart, IV
Defendant: Travelers Property Casualty Company of America, Educational Data Systems Incorporated, Cape Fear Aviation Maintenance LLC, Cape Fear Aviation Services, LLC, Cape Fear Aviation Fayetteville, LLC, All d/b/a Cape Fear Aviation, Scot Smith, Individually and as Owner, Member and Manager of Cape Fear Aviation Maintenance, LLC, Roger Dale Smith, Individually and as Owner, Member and Manager of Cape Fear Aviation Fayetteville, LLC, Cynthia B. Smith, Individually and as Owner of Cape Fear Aviation, Jacob Jake Parsons, Cape Fear Aviation Maintenance LLC d/b/a Cape Fear Aviation, Cape Fear Aviation Services, LLC d/b/a Cape Fear Aviation, Cape Fear Aviation Fayetteville, LLC d/b/a Cape Fear Aviation, Roger Dale Smith, Cynthia B. Smith and Scot Smith
Case Number: 5:2021cv00466
Filed: November 11, 2021
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 7, 2022 Filing 28 Memorandum in Opposition regarding #21 MOTION for Extension of Time to File Response/Reply as to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Travelers Property Casualty Company of America. (Lavisky, Matthew)
January 5, 2022 Filing 27 Memorandum in Opposition regarding #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Walter L. Hart, IV. (Monnett, Charles)
January 3, 2022 Filing 26 RESPONSE to Motion regarding #12 MOTION to Remand filed by Educational Data Systems Incorporated. (Fitzgerald, Andrew)
December 30, 2021 Filing 25 Memorandum in Support regarding #24 MOTION TO REALIGN PARTIES filed by Travelers Property Casualty Company of America. (Lavisky, Matthew)
December 30, 2021 Filing 24 MOTION TO REALIGN PARTIES filed by Travelers Property Casualty Company of America. (Lavisky, Matthew)
December 30, 2021 Filing 23 Memorandum in Opposition regarding #12 MOTION to Remand filed by Travelers Property Casualty Company of America. (Lavisky, Matthew)
December 29, 2021 Filing 22 Corrected ANSWER to Complaint , Corrected CROSSCLAIM against Travelers Property Casualty Company of America by Educational Data Systems Incorporated. (Attachments: #1 Exhibit Travelers Policy, #2 Exhibit Northcutt Lawsuit, #3 Exhibit Elliott Lawsuit, #4 Exhibit Denial/Reservation of Rights Letter) (Fitzgerald, Andrew)
December 28, 2021 Filing 21 MOTION for Extension of Time to File Response/Reply as to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Walter L. Hart, IV. (Attachments: #1 Text of Proposed Order) (Monnett, Charles)
December 22, 2021 Notice to Counsel regarding: #19 Memorandum in Support, #18 Motion to Remand. In future filings, counsel should indicate the division in accordance with Local Civil Rule 10.1(b) and 40.1(b) and (c). (Collins, S.)
December 22, 2021 Opinion or Order TEXT ORDER - Ordinarily at this juncture the court would trigger the parties' scheduling conference activities, and deadline for provision of their joint report and plan through issuance of initial order regarding planning and scheduling. Where defendant Travelers has filed a motion to dismiss, and where plaintiff as well as defendant Educational Data Systems Incorporation have filed motions to remand, good cause appears to delay these activities. Unless a party raises objection in filing due within 14 days from this date, the court stays the parties' scheduling conference activities pending decision on motions filed at DE #12 , DE #16 and DE #18 . Signed by District Judge Louise Wood Flanagan on 12/22/2021. (Collins, S.)
December 21, 2021 Filing 20 ANSWER to Complaint , CROSSCLAIM against Travelers Property Casualty Company of America by Educational Data Systems Incorporated. (Attachments: #1 Exhibit Arch policy, #2 Exhibit Hart compl, #3 Exhibit Elliott Compl, #4 Exhibit Travelers denial / ROR) (Fitzgerald, Andrew)
December 20, 2021 Filing 19 Memorandum in Support regarding #18 MOTION to Remand filed by Educational Data Systems Incorporated. (Attachments: #1 Exhibit Barr unpublished, #2 Exhibit Adams unpublished) (Fitzgerald, Andrew)
December 20, 2021 Filing 18 MOTION to Remand filed by Educational Data Systems Incorporated. (Attachments: #1 Affidavit Ex 1 Dancer Aff) (Fitzgerald, Andrew)
December 16, 2021 Filing 17 Memorandum in Support regarding #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Travelers Property Casualty Company of America. (Lavisky, Matthew)
December 16, 2021 Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Travelers Property Casualty Company of America. (Lavisky, Matthew)
December 16, 2021 Filing 15 Financial Disclosure Statement by Educational Data Systems Incorporated (Fitzgerald, Andrew)
December 16, 2021 Filing 14 Notice of Appearance filed by Andrew L. Fitzgerald on behalf of Educational Data Systems Incorporated. (Fitzgerald, Andrew)
December 10, 2021 Filing 13 Memorandum in Support regarding #12 MOTION to Remand filed by Walter L. Hart, IV. (Monnett, Charles)
December 10, 2021 Filing 12 MOTION to Remand filed by Walter L. Hart, IV. (Monnett, Charles)
December 6, 2021 Filing 11 Notice of Appearance filed by Charles G. Monnett, III on behalf of Walter L. Hart, IV. (Monnett, Charles)
December 3, 2021 Filing 10 **CORRECTED AND REFILED AT #11 ** Notice of Appearance filed by Charles G. Monnett, III on behalf of Walter L. Hart, IV. (Monnett, Charles) Modified on 12/8/2021 (Collins, S.).
December 3, 2021 Notice to Counsel regarding: #9 Financial Disclosure Statement. Counsel is reminded that pursuant to Section IV.B. of the court's CM/ECF Policies and Procedures Manual 'flattened' versions of fillable documents and forms are required to be filed in order to prevent manipulation of the form's data. No action needed at this time. (Collins, S.)
December 3, 2021 NOTICE OF DEFICIENCY regarding #10 Notice of Appearance. Counsel's signature line does not comply with Section IV.D.1 of the CM/ECF Policies and Procedures Manual. The signature line should read "/s/ Charles G. Monnett, III". Counsel is directed to refile. (Collins, S.)
December 3, 2021 NOTICE OF DEFICIENCY regarding #8 Notice of Appearance. Filing is not text searchable. Local Civil Rule 5.1 and Section IV(A) of the court's CM/ECF policies and procedures manual require that all documents submitted for filing be in a text searchable format. Counsel is directed to refile. Instructions for how to make a document text searchable is located on the courts website under the "CM/ECF" section in the "instructional guides" category. (Collins, S.)
December 2, 2021 Filing 9 Financial Disclosure Statement by Walter L. Hart, IV Associated Cases: 5:21-cv-00466-FL, 5:21-cv-00468-FL (Monnett, Charles) (Main Document 9 flattened and replaced on 12/20/2021) (Edwards, S.).
December 2, 2021 Filing 8 Notice of Appearance filed by Charles G. Monnett, III on behalf of Walter L. Hart, IV. (Monnett, Charles)
December 2, 2021 Opinion or Order Filing 7 ORDER granting #6 Motion for Extension of Time to Answer Plaintiff's Complaint regarding #1 Notice of Removal. Travelers Property Casualty Company of America answer due 12/16/2021. Signed by Peter A. Moore, Jr., Clerk of Court on 12/2/2021. A copy of this Order was sent via US mail to Charles G. Monnett, III, Charles G. Monnett III & Associates, 6842 Morrison Blvd., Suite 100, Charlotte, NC 28211 (Collins, S.)
December 2, 2021 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #6 MOTION for Extension of Time to File Answer to Plaintiffs Complaint. (Collins, S.)
December 1, 2021 Filing 6 MOTION for Extension of Time to File Answer to Plaintiffs Complaint filed by Travelers Property Casualty Company of America. (Attachments: #1 Text of Proposed Order Proposed Order) (Goanos, Theodore)
November 17, 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. (Collins, S.)
November 12, 2021 Filing 5 Notice regarding #1 Notice of Removal requirement to make a Notice of Appearance sent to Plaintiff's Counsel, Charles G. Monnett, III of Charles G. Monnett III & Associates at 6842 Morrison Blvd., Suite 100, Charlotte, NC 28211 mailed via US mail on November 12, 2021. (Rudd, D.)
November 12, 2021 NOTICE OF DEFICIENCY regarding #3 Notice of Special Appearance. Pursuant to Local Rule 83.1(e)(1), the Special Appearance Attorney must complete the "electronic filing attorney registration form" and comply with Section IV.D of the Policy Manual. Once Counsel receives their login and password, they must file their notice of special appearance so that they will be added to the docket and be able to receive notices of electronic filing "NEF's". (Rudd, D.)
November 12, 2021 Notice to Counsel regarding: [1-5] Supplemental Removal Cover Sheet, #4 Financial Disclosure Statement. Counsel is reminded that the filing user must lock or flatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" (the supplemental removal cover sheet and the financial disclosure statement) 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.)
November 11, 2021 Filing 4 Financial Disclosure Statement by Travelers Property Casualty Company of America identifying Corporate Parent The Travelers Companies, Inc., Corporate Parent The Travelers Companies, Inc., Corporate Parent The Phoenix Insurance Company, Corporate Parent The Travelers Indemnity Company, Corporate Parent Travelers Property Casualty Corp., Corporate Parent Travelers Property Casualty Company of America, Corporate Parent Travelers Insurance Group Holdings, Inc. for Travelers Property Casualty Company of America. (Goanos, Theodore)
November 11, 2021 Filing 3 Notice of Special Appearance for non-district by Theodore Nicholas Goanos on behalf of Travelers Property Casualty Company of America. (Goanos, Theodore)
November 11, 2021 Filing 2 Notice of Appearance filed by Theodore Nicholas Goanos on behalf of Travelers Property Casualty Company of America. (Goanos, Theodore)
November 11, 2021 Filing 1 NOTICE OF REMOVAL by Travelers Property Casualty Company of America from County Court of Cumberland, case number 21cvs6698. ( Filing fee $ 402 receipt number 0417-6314631), filed by Travelers Property Casualty Company of America. (Attachments: #1 Exhibit Exhibit A - Served Complaint, #2 Exhibit Exhibit B - Notice of Removal to Opposing Counsel, #3 Exhibit Exhibit C - Notice of Filing Notice of Removal, #4 Civil Cover Sheet Civil Action Cover Sheet, #5 Supplement Supplemental Removal Cover Sheet) (Goanos, Theodore)

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Search for this case: Hart v. Travelers Property Casualty Company of America et al
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Plaintiff: Walter L. Hart, IV as Guardian ad Litem for Dominique D. Nortcutt, an incompetetent Adult
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Plaintiff: Walter L. Hart, IV
Represented By: Charles G. Monnett, III
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Defendant: Travelers Property Casualty Company of America
Represented By: Theodore Nicholas Goanos
Represented By: Matthew J. Lavisky
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Defendant: Educational Data Systems Incorporated
Represented By: Andrew L. Fitzgerald
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Defendant: Cape Fear Aviation Maintenance LLC
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Defendant: Cape Fear Aviation Services, LLC
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Defendant: Cape Fear Aviation Fayetteville, LLC
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Defendant: All d/b/a Cape Fear Aviation
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Defendant: Scot Smith, Individually and as Owner, Member and Manager of Cape Fear Aviation Maintenance, LLC
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Defendant: Roger Dale Smith, Individually and as Owner, Member and Manager of Cape Fear Aviation Fayetteville, LLC
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Defendant: Cynthia B. Smith, Individually and as Owner of Cape Fear Aviation
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Defendant: Jacob Jake Parsons
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Defendant: Cape Fear Aviation Maintenance LLC d/b/a Cape Fear Aviation
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Defendant: Cape Fear Aviation Services, LLC d/b/a Cape Fear Aviation
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Defendant: Cape Fear Aviation Fayetteville, LLC d/b/a Cape Fear Aviation
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Defendant: Roger Dale Smith
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Defendant: Cynthia B. Smith
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Defendant: Scot Smith
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