DENC, LLC v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, ET AL.
| DENC, LLC |
| PHILADELPHIA INDEMNITY INSURANCE COMPANY and TOKIO MARINE NORTH AMERICA, INC. |
| 1:2018cv00754 |
| September 4, 2018 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| CATHERINE C EAGLES |
| Insurance |
| 28 U.S.C. § 1446 |
| Both |
Docket Report
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| Filing 18 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 11/26/2018 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) |
| Filing 17 NOTICE of Voluntary Dismissal as to party(s) TOKIO MARINE NORTH AMERICA, INC., filed by Plaintiff DENC, LLC (BRANCH, JOHN) |
| Filing 16 MEMORANDUM filed by Defendant TOKIO MARINE NORTH AMERICA, INC. re #15 MOTION to Dismiss filed by TOKIO MARINE NORTH AMERICA, INC.. (Attachments: #1 Exhibit A - Affidavit of John Kirby)(BROWN, DAVID) |
| Filing 15 MOTION to Dismiss by TOKIO MARINE NORTH AMERICA, INC.. Response to Motion due by 10/23/2018 (BROWN, DAVID) |
| Filing 14 ANSWER to #2 Complaint, with Jury Demand by PHILADELPHIA INDEMNITY INSURANCE COMPANY. (BROWN, DAVID) |
| Filing 13 AMENDED DOCUMENT by PHILADELPHIA INDEMNITY INSURANCE COMPANY. Amendment to #1 Petition for Removal, Amended Notice of Removal. (Attachments: #1 Exhibit 1)(BROWN, DAVID) |
| Filing 12 NOTICE of Appearance by attorney GREGG E. MCDOUGAL on behalf of Plaintiff DENC, LLC (MCDOUGAL, GREGG) |
| Filing 11 NOTICE of Appearance by attorney JOHN E. BRANCH, III on behalf of Plaintiff DENC, LLC (BRANCH, JOHN) |
| Filing 10 MOTION for Extension of Time to File Answer by PHILADELPHIA INDEMNITY INSURANCE COMPANY, TOKIO MARINE NORTH AMERICA, INC.. (Attachments: #1 Text of Proposed Order)(HARRIS, DAVID) |
Filing 9
ORDER signed by JUDGE CATHERINE C. EAGLES on 9/10/2018; The Court will give the defendant ten business days to file either an amended notice of removal which establishes the citizenship of DENC, LLC, and supports diversity jurisdiction or a brief demonstrating why the original notice of removal or other information of record establishes diversity jurisdiction. If the defendant files a brief, the plaintiff may file a responsive brief within five days. Briefs shall be no longer than eight pages. In the alternative, the parties may file a stipulation to the citizenship of the of the LLC's members. Failure to file a stipulation, an amended notice, or a brief will result in remand of the case to the state court. See 28 U.S.C. 1447(c). This order is not directed to any fraudulent joinder issue but only to citizenship of DENC, LLC. This order does not preclude the plaintiff from challenging this Court's jurisdiction by motion on any appropriate basis. (Sheets, Jamie)
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ORDER granting #10 Motion for Extension of Time to Answer for PHILADELPHIA INDEMNITY INSURANCE COMPANY and TOKIO MARINE NORTH AMERICA, INC. Answer due by 10/2/2018. Signed by John Brubaker, Clerk of Court, on 09/10/2018. (Brubaker, John)
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| Filing 8 NOTICE of Appearance by attorney DAVID G. HARRIS, II on behalf of Defendants PHILADELPHIA INDEMNITY INSURANCE COMPANY, TOKIO MARINE NORTH AMERICA, INC. (HARRIS, DAVID) |
| Filing 7 NOTICE of Appearance by attorney DAVID LEONARD BROWN on behalf of Defendants PHILADELPHIA INDEMNITY INSURANCE COMPANY, TOKIO MARINE NORTH AMERICA, INC. (BROWN, DAVID) |
| Filing 6 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 5 ECF 30 Day Notice as to Attorney H. Denton Worrell. ECF 30 Day Notice due by 10/5/2018. (Coyne, Michelle) |
| Filing 4 Notice of Right to Consent. (Attachments: #1 Consent Form)(Coyne, Michelle) |
| Filing 3 Summons Issued as to PHILADELPHIA INDEMNITY INSURANCE COMPANY, TOKIO MARINE NORTH AMERICA, INC. (Original document issued in Alamance County Superior Court on 07/30/2018 in Case Number 18CVS1488 and is listed as Exhibit A to the Petition for Removal) (Coyne, Michelle) |
| Filing 2 COMPLAINT against PHILADELPHIA INDEMNITY INSURANCE COMPANY, TOKIO MARINE NORTH AMERICA, INC., filed by DENC, LLC. (Original document filed in Alamance County Superior Court, case number 18CVS1488 and is listed as Exhibit A to the Petition for Removal)(Coyne, Michelle) |
| Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAGISTRATE JUDGE L. PATRICK AULD. Set flag for Magistrate Judge L. Patrick Auld. (Coyne, Michelle) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle) |
| Filing 1 PETITION FOR REMOVAL Notice of Removal on behalf of Defendants Philadelphia Indemnity Insurance Company and Tokio Marine North America, Inc. d/b/a Philadelphia Insurance Companies against All Defendants ( Filing fee $ 400 receipt number 0418-2420180.), filed by PHILADELPHIA INDEMNITY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Notice of Filing of Notice of Removal, #3 Civil Cover Sheet)(HARRIS, DAVID) |
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