MAIN STREET AMERICA ASSURANCE COMPANY, ET AL. V. CRUMLEY ROBERTS, LLP, ET AL.
| MAIN STREET AMERICA ASSURANCE COMPANY and NGM INSURANCE COMPANY |
| CHRIS ROBERTS and CRUMLEY ROBERTS, LLP |
| 1:2019cv00220 |
| February 25, 2019 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| LORETTA C BIGGS |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 33 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant CRUMLEY ROBERTS, LLP. LOWNDES C. QUINLAN is substituted as counsel for Defendant. Attorney L. D. SIMMONS, II terminated. (QUINLAN, LOWNDES) |
| Filing 32 Consent MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Stay by MAIN STREET AMERICA ASSURANCE COMPANY, NGM INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(VANORE, ANDREW) |
| Motion Referred: RE: #32 Consent MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Stay , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) |
| TEXT ORDER granting #32 Consent Motion to Extend Time. Plaintiffs shall file any response to #29 Motion to Stay by 4/26/2019. Issued by MAG/JUDGE L. PATRICK AULD on 04/17/2019. (AULD, L.) |
| TEXT ORDER granting #31 Consent Motion to Extend Time. Plaintiffs shall file any response to #29 Motion to Stay by 04/18/2019. Issued by MAG/JUDGE L. PATRICK AULD on 03/27/2019. (AULD, L.) |
| Filing 31 Consent MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Stay by MAIN STREET AMERICA ASSURANCE COMPANY, NGM INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order for Motion to Extend Time to respond)(VANORE, ANDREW) |
| Motion Referred: RE: #31 Consent MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Stay, to MAG/JUDGE L. PATRICK AULD. (Marsh, Keah) |
| Motion Referred: RE: #27 Consent MOTION for Extension of Time to File Answer re #7 Complaint, , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) |
| TEXT ORDER granting #27 Consent Motion for Extension of Time. Defendants' deadline to answer or otherwise respond is continued to a date to be determined after resolution of #29 Motion to Stay. Issued by MAG/JUDGE L. PATRICK AULD on 03/15/2019. (AULD, L.) |
| Filing 30 MEMORANDUM filed by Defendants CRUMLEY ROBERTS, LLP, CHRIS ROBERTS re #29 MOTION to Stay filed by CRUMLEY ROBERTS, LLP, CHRIS ROBERTS. (SIMMONS, L.) |
| Filing 29 MOTION to Stay by CRUMLEY ROBERTS, LLP, CHRIS ROBERTS. Response to Motion due by 4/4/2019 (SIMMONS, L.) |
| Filing 28 NOTICE of Appearance by attorney JOSHUA D. DAVEY on behalf of Defendants CRUMLEY ROBERTS, LLP, CHRIS ROBERTS (DAVEY, JOSHUA) |
| Case Reassigned to JUDGE LORETTA C. BIGGS and MAG/JUDGE L. PATRICK AULD. CHIEF JUDGE THOMAS D. SCHROEDER, MAG/JUDGE JOI ELIZABETH PEAKE no longer assigned to the case. See cases 1:17cv211, 1:16cv948 and 1:16cv542. (Marsh, Keah) |
| Motion Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: #27 Consent MOTION for Extension of Time to File Answer re #7 Complaint. (Engle, Anita) |
| Filing 27 Consent MOTION for Extension of Time to File Answer re #7 Complaint,, by CRUMLEY ROBERTS, LLP, CHRIS ROBERTS. (Attachments: #1 Text of Proposed Order)(SIMMONS, L.) |
| Case assigned to CHIEF JUDGE THOMAS D. SCHROEDER and MAGISTRATE JUDGE JOI ELIZABETH PEAKE. (Coyne, Michelle) |
| Filing 26 Case transferred in from District of North Carolina Eastern; Case Number 5:18-cv-00442. Original file certified copy of transfer order and docket sheet received. |
Filing 25
ORDER granting #18 Motion to Transfer Case. The Court, in its discretion, TRANSFERS this action to the United States District Court for the Middle District of North Carolina. Signed by Chief US District Judge Terrence W. Boyle on 2/23/2019. (Stouch, L.) [Transferred from North Carolina Eastern on 2/25/2019.]
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| Motion Submitted to Chief Judge Terrence W. Boyle regarding #18 MOTION to Transfer Case. (Stouch, L.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| NOTICE OF CORRECTION regarding: #24 Response to Motion. Exhibit description added to docket entry text. For future filings, pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual the docket text for the attachment description must be clear andcomplete. (i.e., "Exhibit 1" is not a sufficient description). Additionally, when filing a document with more than five exhibits, the first attached exhibit must be an index of all of the subsequent attached documents. No need to refile at this time. (Stouch, L.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| REMINDER TO COUNSEL as to Main Street America Assurance Company, NGM Insurance Company. Pursuant to Judge Boyle's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Stouch, L.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 24 RESPONSE to Motion regarding #18 MOTION to Transfer Case filed by Main Street America Assurance Company, NGM Insurance Company. (Attachments: #1 Appendix, #2 Exhibit 1 - Hartford Casualty Insurance Company v. Ted A. Greve & Associates, P.A. and Ted Greve, #3 Exhibit 2 - Hartford Casualty Insurance Company v. Ted A. Greve & Associates, P.A. and Ted Greve, #4 Exhibit 3 - WPB Partners, LLC v. Old Republic National Title Insurance Company, #5 Exhibit 4 - JTH Tax, Inc. d/b/a Liberty Tax Service V. Charles Hine, #6 Exhibit 5 - R. Bradley Van Laningham et al. v Allied Insurance, et al., #7 Exhibit 6 - Sentinel Insurance Company et al. v. James S. Farrin, et al.) (Vanore, Andrew) Modified on 1/17/2019 to add description to docket entry text (Stouch, L.). [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 23 MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Transfer Case filed by Main Street America Assurance Company, NGM Insurance Company. (Attachments: #1 Text of Proposed Order) (Vanore, Andrew) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #23 MOTION for Extension of Time to File Response as to #18 MOTION to Transfer Case. (Stouch, L.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| TEXT ORDER granting Plaintiffs' Motion for Extension of Time #23 . For good cause shown and with the consent of Defendants, it is ordered that Plaintiffs shall have up to and including January 16, 2019, within which to respond to the Motion to Transfer Case #18 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/9/2019. (Hockaday, A.) [Transferred from North Carolina Eastern on 2/25/2019.] |
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Filing 22
ORDER granting #20 Motion to Stay - Based on the arguments presented by the Defendants, and the agreement of the Plaintiffs to stay all deadlines, except those related to briefing the Motion to Transfer, pending a ruling on the Motion to Transfer, the Motion to Stay [Dkt. 20] is granted. Crumley Roberts and Plaintiffs are relieved of all obligations in this matter until such time as the Motion to Transfer is decided. The ruling on the Motion to Transfer will determine the need for any further Order in this matter. Signed by Chief Judge Terrence W. Boyle on 12/28/2018. (Stouch, L.) [Transferred from North Carolina Eastern on 2/25/2019.]
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| Motion Submitted to Chief Judge Terrence W. Boyle regarding #20 Consent MOTION to Stay Pending This Court's Ruling on the Defendants' Motion to Transfer. (Stouch, L.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 21 Proposed Order regarding #20 Consent MOTION to Stay Pending This Court's Ruling on the Defendants' Motion to Transfer filed by Crumley Roberts, LLP, Chris Roberts. (Simmons, L.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| NOTICE TO COUNSEL regarding #20 Motion to Stay. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Stouch, L.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 20 Consent MOTION to Stay Pending This Court's Ruling on the Defendants' Motion to Transfer filed by Crumley Roberts, LLP, Chris Roberts. (Simmons, L.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 19 Memorandum in Support regarding #18 MOTION to Transfer Case filed by Crumley Roberts, LLP, Chris Roberts. (Attachments: #1 Exhibit A: Amended Complaint, Garey, et al. v. James S. Farrin, P.C., et al., #2 Exhibit B: Complaint for Declaratory Judgment, Bradley Action, #3 Exhibit C: Complaint for Declaratory Relief, Farrin Action) (Simmons, L.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 18 MOTION to Transfer Case filed by Crumley Roberts, LLP, Chris Roberts. (Simmons, L.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 17 Waiver of Service Returned Executed filed by Main Street America Assurance Company, NGM Insurance Company. (Vanore, Andrew) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 16 Financial Disclosure Statement by Chris Roberts (Simmons, L.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 15 Financial Disclosure Statement by Crumley Roberts, LLP (Simmons, L.) [Transferred from North Carolina Eastern on 2/25/2019.] |
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Filing 14
ORDER granting #13 Motion for Extension of Time to Answer regarding #7 Complaint. Crumley Roberts, LLP answer due 12/19/2018; Chris Roberts answer due 12/19/2018. Signed by Peter A. Moore, Jr., Clerk of Court on 11/14/2018. (Stouch, L.) [Transferred from North Carolina Eastern on 2/25/2019.]
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| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #13 Consent MOTION for Extension of Time to File Answer regarding #7 Complaint. (Stouch, L.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| NOTICE TO COUNSEL - Failure to File Financial Disclosure Statement as to Crumley Roberts, LLP, Chris Roberts. 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. (Stouch, L.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 13 Consent MOTION for Extension of Time to File Answer regarding #7 Complaint,, filed by Crumley Roberts, LLP, Chris Roberts. (Attachments: #1 Text of Proposed Order) (Simmons, L.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 12 Notice of Appearance filed by L. D. Simmons, II on behalf of All Defendants. (Simmons, L.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 11 Summons Issued as to Crumley Roberts, LLP, Chris Roberts. Counsel is directed to print summonses and effect service. (Stouch, L.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 10 Notice of Appearance filed by Andrew A. Vanore, III on behalf of Main Street America Assurance Company, NGM Insurance Company. (Vanore, Andrew) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 9 Financial Disclosure Statement by NGM Insurance Company (Vanore, Andrew) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 8 Financial Disclosure Statement by Main Street America Assurance Company (Vanore, Andrew) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 7 COMPLAINT FOR DECLARATORY JUDGMENT against All Defendants ( Filing fee $ 400 receipt number 0417-4652601.), filed by Main Street America Assurance Company, NGM Insurance Company. (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - 2015 Business Policy, #3 Exhibit C - 2016 Business Policy, #4 Exhibit D - 2015 Umbrella Policy, #5 Exhibit E - 2016 Umbrella Policy, #6 Civil Cover Sheet, #7 Proposed Summons Defendant Crumley, #8 Proposed Summons Defendant Roberts) (Vanore, Andrew) [Transferred from North Carolina Eastern on 2/25/2019.] |
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Filing 6
Order Redesignating Division to Western Division. This case is redesignated as a Western Division case. The Honorable Terrence W. Boyle, United States District Judge, will remain the presiding judge. All future documents shall reflect the new case number of 5:18-CV-442-BO. No further filing shall be made in 4:18-CV-156-BO. Signed by Peter A. Moore, Jr., Clerk of Court on 9/12/2018. (Stouch, L.) [Transferred from North Carolina Eastern on 2/25/2019.]
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| Filing 5 Notice filed by MAIN STREET AMERICA ASSURANCE COMPANY, NGM INSURANCE COMPANY regarding #1 Complaint,, Civil Cover Sheet. (Vanore, Andrew) [Transferred from North Carolina Eastern on 2/25/2019.] |
| 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.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| NOTICE OF DEFICIENCY regarding #1 Complaint. Filing is not text searchable. Local Civil Rule 5.1 requires that all documents submitted for filing be in a text searchable format. Counsel is directed to refile. (Rudd, D.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| 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.) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 4 Notice of Appearance filed by Andrew A. Vanore, III on behalf of MAIN STREET AMERICA ASSURANCE COMPANY, NGM INSURANCE COMPANY. (Vanore, Andrew) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 3 Financial Disclosure Statement by MAIN STREET AMERICA ASSURANCE COMPANY, NGM INSURANCE COMPANY (Vanore, Andrew) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 2 Financial Disclosure Statement by MAIN STREET AMERICA ASSURANCE COMPANY, NGM INSURANCE COMPANY (Vanore, Andrew) [Transferred from North Carolina Eastern on 2/25/2019.] |
| Filing 1 ***REFILED at DE #7 *** COMPLAINT FOR DECLARATORY JUDGMENT against All Defendants ( Filing fee $ 400 receipt number 0417-4652601.), filed by MAIN STREET AMERICA ASSURANCE COMPANY, NGM INSURANCE COMPANY. (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - 2015 Business Policy, #3 Exhibit C- 2016 Business Policy, #4 Exhibit D - 2015 Umbrella Policy, #5 Exhibit E - 2016 Umbrella Policy, #6 Proposed Summons Civil Summons - Crumley, #7 Proposed Summons Civil Summons - Roberts) (Vanore, Andrew) Modified on 9/14/2018 (Stouch, L.). [Transferred from North Carolina Eastern on 2/25/2019.] |
| 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. (Horton, B.) [Transferred from North Carolina Eastern on 2/25/2019.] |
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