LaBudde v. The Phoenix Insurance Company et al
| Kevin J. LaBudde |
| The Phoenix Insurance Company, The Travelers Casualty Company, The Travelers Indemnity Company, The Travelers Indemnity Company of America, The Travelers Indemnity Company of Connecticut, The Travelers Casualty and Surety Company and The Travelers Casualty and Surety Company of America |
| 7:2021cv00197 |
| November 12, 2021 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 17, 2023. A more recent docket listing may be available from PACER.
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Filing 20
ORDER granting #18 Motion for Extension of Time to File Response regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial). Response due by 1/31/2022. Signed by District Judge Louise Wood Flanagan on 12/22/2021. (Collins, S.)
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Filing 19
AFFIDAVIT OF SERVICE by Kevin J. LaBudde (Attachments: #1 Exhibit 1: CERTIFIED MAIL CARD, #2 Exhibit 2: ACCEPTANCE OF SERVICE BY NC DEPARTMENT OF INSURANCE) (Ugolick, Rebecca)
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Filing 18
Consent MOTION for Extension of Time to File Response as to #15 Motion to Dismiss filed by Kevin J. LaBudde. (Attachments: #1 Text of Proposed Order) (Ugolick, Rebecca) Modified on 12/22/2021 to change docket entry relationship to related motion #15 and revise docket text. (Collins, S.).
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Filing 17
Notice filed by The Phoenix Insurance Company regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) Corrected Exhibit 2 (previously filed as #15-2). (Niland, Ryan)
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Filing 16
Memorandum in Support regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) filed by The Phoenix Insurance Company. (Niland, Ryan)
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Filing 15
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) filed by The Phoenix Insurance Company. (Attachments: #1 Exhibit 1 - Vertex Engineering Report, #2 Corrected at #17 Exhibit 2 - Email regarding Mar 7 2020 Update) (Niland, Ryan) Modified on 12/22/2021 (Collins, S.).
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Filing 14
Notice filed by The Phoenix Insurance Company regarding #12 Notice of Removal,,,, (Corrected DE12-5 - Exhibit 4 to Complaint). (Niland, Ryan)
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Filing 13
Financial Disclosure Statement by The Phoenix Insurance Company identifying Corporate Parent The Travelers Companies, Inc., Corporate Parent Travelers Insurance Group Holdings Inc., Corporate Parent The Travelers Indemnity Company, Corporate Parent Travelers Property Casualty Corp. for The Phoenix Insurance Company. (Saluta, Gemma)
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Filing 12
NOTICE OF REMOVAL by All Defendants (UPDATED) from Sampson County Superior Court, case number 21 CVS 993. ( Filing fee $ 402 receipt number 0417-6315832) (Attachments: #1 Exhibit Complaint, #2 Exhibit 1 - Homeowners Policy, #3 Exhibit 2- Insurance Claim, #4 Exhibit 3 - Claim Inspection Notice, #5 Corrected and Refiled at DE14 Exhibit 4 - Denial Letter and Estimate, #6 Exhibit 5 - Appeal Letter, #7 Exhibit 6 - Repair Contract, #8 Exhibit 7 - Mold Removal Invoice, #9 Exhibit 8 - Subject Claim, #10 Exhibit 9 - Inspection Scheduling Notice, #11 Exhibit 10 - Damage Documentation, #12 Exhibit 11 - Damage Documentation, #13 Exhibit 12 - Additional Documentation, #14 Exhibit 13 - Response Regarding Report, #15 Exhibit 14 - Report Regarding Additional Damage, #16 Exhibit 15 - Detailed Email, #17 Exhibit 16 - Engineer Report, #18 Exhibit 17 - Drone Footage, #19 Exhibit 18 - Additional Evidence, #20 Exhibit 19 - Emails Regarding Roofing Estimate, #21 Exhibit 20 - Documentation Regarding Roof, #22 Exhibit 21 - Second Claim Opened, #23 Exhibit 22 - Notice of Nonrenewal, #24 Exhibit 23 - Report Regarding Damage) (Niland, Ryan) Modified on 11/22/2021 (Collins, S.). Modified on 12/1/2021 (Collins, S.).
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Filing 11
Notice of Filing of Notice of Removal in State Court by All Defendants from Sampson County Superior Court, case number 21 CVS 993. ( Filing fee $ 402 receipt number 0417-6315832) (Attachments: #1 Exhibit Notice of Removal Filed in Sampson County) (Niland, Ryan) Modified on 11/19/2021 to revise docket text. (Collins, S.).
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Filing 10
Notice filed by The Phoenix Insurance Company, The Travelers Casualty Company, The Travelers Casualty and Surety Company, The Travelers Casualty and Surety Company of America, The Travelers Indemnity Company, The Travelers Indemnity Company of America, The Travelers Indemnity Company of Connecticut Supplemental Removal Cover Sheet. (Saluta, Gemma)
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Filing 9
Notice of Appearance filed by Brooke E. Webber on behalf of All Plaintiffs. (Webber, Brooke)
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Filing 8
STIPULATION of Dismissal WITHOUT PREJUDICE by Kevin J. LaBudde (Ugolick, Rebecca)
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Filing 7
Notice of Appearance filed by Rebecca Huffman Ugolick on behalf of All Plaintiffs. (Ugolick, Rebecca)
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Filing 6
ORDER granting #5 Consent Motion for Extension of Time to Answer regarding #1 Notice of Removal. The Phoenix Insurance Company, The Travelers Casualty Company, The Travelers Casualty and Surety Company, The Travelers Casualty and Surety Company of America, The Travelers Indemnity Company, The Travelers Indemnity Company of America and The Travelers Indemnity Company of Connecticut answer due 12/20/2021. Signed by Peter A. Moore, Jr., Clerk of Court on 11/17/2021. A copy of this Order sent to Plaintiff's Counsel, Rebecca H. Ugolick of Howard, Stallings, From, Atkins, Angell & Davis, P.A. at P. O. Box 12347, Raleigh, NC 27605 mailed via US Mail on November 18, 2021. (Collins, S.)
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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.)
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Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #5 Consent MOTION for Extension of Time to File Answer. (Collins, S.)
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Filing 5
Consent MOTION for Extension of Time to File Answer filed by The Phoenix Insurance Company, The Travelers Casualty Company, The Travelers Casualty and Surety Company, The Travelers Casualty and Surety Company of America, The Travelers Indemnity Company, The Travelers Indemnity Company of America, The Travelers Indemnity Company of Connecticut. (Attachments: #1 Text of Proposed Order) (Niland, Ryan)
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Filing 4
Notice of Appearance filed by Gemma L. Saluta on behalf of All Defendants. (Saluta, Gemma)
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Filing 3
Notice of Appearance filed by Ryan Hunter Niland on behalf of All Defendants. (Niland, Ryan)
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Filing 2
Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, Rebecca H. Ugolick of Howard, Stallings, From, Atkins, Angell & Davis, P.A. at P. O. Box 12347, Raleigh, NC 27605 mailed via US Mail on November 15, 2021. (Rudd, D.)
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NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to The Phoenix Insurance Company, The Travelers Casualty Company, The Travelers Casualty and Surety Company, The Travelers Casualty and Surety Company of America, The Travelers Indemnity Company, The Travelers Indemnity Company of America, The Travelers Indemnity Company of Connecticut. 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.)
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Notice to Counsel - All counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)
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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.)
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Filing 1
NOTICE OF REMOVAL by All Defendants from Sampson County Superior Court, case number 21-CVS-993. ( Filing fee $ 402 receipt number 0417-6315832), filed by All Defendants. (Attachments: #1 Exhibit 1 - Summons, #2 Exhibit 2 - Complaint, #3 Civil Cover Sheet) (Saluta, Gemma)
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