Nationwide Mutual Fire Insurance Company v. Smoky Mountain Country Club Property Owners Association, Inc. et al

Plaintiff: Nationwide Mutual Fire Insurance Company
Defendant: Smoky Mountain Country Club Property Owners Association and SMCC Club House, LLC
Case Number: 1:2019cv00237
Filed: August 7, 2019
Court: US District Court for the Western District of North Carolina
Nature of Suit: Insurance
Cause of Action: 28:1332
Jury Demanded By: Defendant

Docket Report

This docket was last retrieved on August 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2019 Filing 31 Case transferred in from District of North Carolina Eastern; Case Number 5:19-cv-00180. Original electronic file and docket sheet received.
August 7, 2019 Opinion or Order Filing 30 ORDER granting #16 Motion to Transfer Case Pursuant to Rule 12(B)(3) to Western District of NC. This action is hereby STAYED with respect to defendant SMCCPOA during the pendency of the bankruptcy case or until such time as the bankruptcy court shall order otherwise. Counsel for defendant SMCCPOA is DIRECTED to notify the transferee court immediately upon the conclusion of the bankruptcy proceedings by filing with the transferee court a notice stating the disposition of the bankruptcy case and including the final order in the bankruptcy matter or other disposing order issued by the bankruptcy court. Defendant SMCC's motion to transfer #16 is GRANTED. The court ORDERS that, for the convenience of the parties and in the interest of justice, this case be TRANSFERRED to the United States District Court for the Western District of North Carolina. Signed by District Judge Louise Wood Flanagan on 8/7/2019. (Collins, S.) [Transferred from North Carolina Eastern on 8/7/2019.]
July 27, 2019 Filing 29 Notice filed by Smoky Mountain Country Club Property Owners Association (Notice of Bankruptcy Stay). (Attachments: #1 Exhibit 1- Bankruptcy Petition) (Kilbourne, James) [Transferred from North Carolina Eastern on 8/7/2019.]
July 23, 2019 Motion Submitted to District Judge Louise Wood Flanagan regarding #16 MOTION to Transfer Case to Western District of NC. (Collins, S.) [Transferred from North Carolina Eastern on 8/7/2019.]
July 23, 2019 Filing 28 Reply to Crossclaim: ANSWER to #18 Answer to Complaint,, Crossclaim,, Counterclaim, by Smoky Mountain Country Club Property Owners Association. (Kilbourne, James) [Transferred from North Carolina Eastern on 8/7/2019.]
July 22, 2019 Filing 27 RESPONSE to Motion regarding #16 MOTION to Transfer Case to Western District of NC filed by Nationwide Mutual Fire Insurance Company. (Collins, Philip) [Transferred from North Carolina Eastern on 8/7/2019.]
July 19, 2019 Filing 26 Plaintiff's ANSWER to #18 Answer to Complaint,, Crossclaim,, Counterclaim, by Nationwide Mutual Fire Insurance Company. (Attachments: #1 Exhibit Nationwide letter of 5/28/15) (Collins, Philip) [Transferred from North Carolina Eastern on 8/7/2019.]
July 16, 2019 Filing 25 WITHDRAWAL of Motion by Smoky Mountain Country Club Property Owners Association. regarding #21 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Smoky Mountain Country Club Property Owners Association (Kilbourne, James) [Transferred from North Carolina Eastern on 8/7/2019.]
July 16, 2019 Filing 24 Memorandum in Support regarding #20 Corrected MOTION to Dismiss for Improper Venue and MOTION to dismiss for forum non conveniensCorrected MOTION to Transfer Case filed by Smoky Mountain Country Club Property Owners Association. (Attachments: #1 Exhibit A- Corporate Documents of SMCC Property Owners Association, Inc., #2 Exhibit B- Company documents of SMCC Clubhouse, LLC) (Kilbourne, James) [Transferred from North Carolina Eastern on 8/7/2019.]
July 16, 2019 Filing 23 Memorandum in Support regarding #19 Corrected MOTION to Dismiss (under Brillhart abstention) filed by Smoky Mountain Country Club Property Owners Association. (Attachments: #1 Exhibit A-Judgment in Underlying Suit) (Kilbourne, James) [Transferred from North Carolina Eastern on 8/7/2019.]
July 16, 2019 Filing 22 CORRECTED ANSWER to Complaint with Jury Demand by Smoky Mountain Country Club Property Owners Association. (Kilbourne, James) [Transferred from North Carolina Eastern on 8/7/2019.]
July 16, 2019 Filing 21 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Smoky Mountain Country Club Property Owners Association. (Kilbourne, James) [Transferred from North Carolina Eastern on 8/7/2019.]
July 16, 2019 Filing 20 Corrected MOTION to Dismiss for Improper Venue and MOTION to dismiss for forum non conveniens, Corrected MOTION to Transfer Case filed by Smoky Mountain Country Club Property Owners Association. (Kilbourne, James)[Transferred from North Carolina Eastern on 8/7/2019.]
July 16, 2019 Filing 19 Corrected MOTION to Dismiss (under Brillhart abstention) filed by Smoky Mountain Country Club Property Owners Association. (Kilbourne, James) [Transferred from North Carolina Eastern on 8/7/2019.]
July 10, 2019 Opinion or Order TEXT ORDER - Where defendants have filed motion to dismiss, motion to transfer case and motion for change of venue, good cause appears to delay the parties' scheduling conference activities, and deadline for provision of their joint report and plan, where ordinarily at this juncture the court would trigger these activities in preface to its entry of a case management order through issuance of initial order regarding planning and scheduling. Unless a party raises objection to a stay of these activities pending completion of briefing on the motions now at issue, and decision thereon by this court, in filing due within 14 days from date of entry of this order, the court will stay that aspect of the case so as to promote focus on the issues raised in defendants' motions. Entered by District Judge Louise Wood Flanagan on 7/10/2019. (Collins, S.) [Transferred from North Carolina Eastern on 8/7/2019.]
July 9, 2019 SECOND NOTICE OF DEFICIENCY regarding #14 Motion to Dismiss, Motion to Dismiss for Failure to State a Claim, #15 Motion to Transfer Case. A memorandum in support should be filed pursuant to Local Civil Rule 7.1(e). Counsel is encouraged to review the Local Rules of Civil Procedure as well as the CM/ECF Electronic Case Filing Administrative Polices and Procedures Manual found on the court's website at www.nced.uscourts.gov. When filing the memorandum(s), counsel shall use the event "Memorandum in Support" located under the "Responses and Replies" category and linking to the appropriate motion(s) when prompted to do so. (Collins, S.) [Transferred from North Carolina Eastern on 8/7/2019.]
July 1, 2019 Filing 18 SMCC Clubhouse, LLC's ANSWER to #1 Complaint, with Jury Demand , First CROSSCLAIM against Smoky Mountain Country Club Property Owners Association, First COUNTERCLAIM S against Nationwide Mutual Fire Insurance Company by SMCC Club House, LLC. (Attachments: #1 Exhibit 1-Declaration, #2 Exhibit 2-Judgment) (Cloninger, John) [Transferred from North Carolina Eastern on 8/7/2019.]
July 1, 2019 Filing 17 Memorandum in Support regarding #16 MOTION to Change Venue Pursuant to Rule 12(B)(3) to Western District of NC filed by SMCC Club House, LLC. (Attachments: #1 Affidavit Exhibit A-Affidavit of Michael Cornblum, #2 Exhibit B-Corporate Information RE SMCC, #3 Exhibit C-Corporate Information Smoky Mountain Country Club) (Cloninger, John) Modified on 7/2/2019 to change document description (Edwards, S.). [Transferred from North Carolina Eastern on 8/7/2019.]
July 1, 2019 Filing 16 MOTION to Change Venue Pursuant to Rule 12(B)(3) to Western District of NC filed by SMCC Club House, LLC. (Cloninger, John) Modified on 7/2/2019 to change document description (Edwards, S.). [Transferred from North Carolina Eastern on 8/7/2019.]
June 26, 2019 NOTICE OF DEFICIENCY regarding #14 Motion to Dismiss, Motion to Dismiss for Failure to State a Claim, #15 Motion to Transfer Case. A memorandum in support should be filed pursuant to Local Civil Rule 7.1(e). Counsel is encouraged to review the Local Rules of Civil Procedure as well as the CM/ECF Electronic Case Filing Administrative Polices and Procedures Manual found on the court's website at www.nced.uscourts.gov. When filing the memorandum(s), counsel shall use the event "Memorandum in Support" located under the "Responses and Replies" category and linking to the appropriate motion(s) when prompted to do so. (Collins, S.) [Transferred from North Carolina Eastern on 8/7/2019.]
June 26, 2019 Filing 15 **CORRECTED AND REFILED AT #19 AND #20 ** MOTION to Transfer Case filed by Smoky Mountain Country Club Property Owners Association. (Kilbourne, James) Modified on 7/16/2019 (Collins, S.). [Transferred from North Carolina Eastern on 8/7/2019.]
June 26, 2019 Filing 14 **CORRECTED AND REFILED AT #20 ** MOTION to Dismiss under Brillhart abstention, Improper Venue-Federal forum, for forum non conveniens, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Smoky Mountain Country Club Property Owners Association. (Kilbourne, James) Modified on 7/16/2019 (Collins, S.). [Transferred from North Carolina Eastern on 8/7/2019.]
June 26, 2019 Filing 13 **CORRECTED AT #22 ** ANSWER to #1 Complaint, with Jury Demand Motions to Dismiss, Affirmative Defenses by Smoky Mountain Country Club Property Owners Association. (Kilbourne, James) Modified on 7/16/2019 (Collins, S.). [Transferred from North Carolina Eastern on 8/7/2019.]
June 25, 2019 NOTICE OF DEFICIENCY regarding #12 Answer to Complaint. This document should have been filed using a motion event. Counsel is directed to refile the document using the proper motion event(s). When refiling counsel is directed to select all motions that apply to the filing. See page 33 of the CM/ECF User's Manual for instructions on how to select multiple motions. (Collins, S.) [Transferred from North Carolina Eastern on 8/7/2019.]
June 25, 2019 Filing 12 **REFILED AT #13 ** ANSWER to #1 Complaint, with Jury Demand by Smoky Mountain Country Club Property Owners Association. (Kilbourne, James) Modified on 6/26/2019 (Collins, S.). [Transferred from North Carolina Eastern on 8/7/2019.]
June 25, 2019 Filing 11 Notice of Appearance filed by James W. Kilbourne, Jr on behalf of Smoky Mountain Country Club Property Owners Association. (Kilbourne, James) [Transferred from North Carolina Eastern on 8/7/2019.]
May 21, 2019 TEXT ORDER granting the Motion for Extension of Time #9 filed by Defendant SMCC Club House, LLC. For good cause shown and with the consent of Plaintiff, it is ordered that this defendant has up to and including July 1, 2019, within which to answer or otherwise respond to the Complaint #1 . Signed by Peter A. Moore, Jr., Clerk of Court on 5/21/2019. (Hockaday, A.) [Transferred from North Carolina Eastern on 8/7/2019.]
May 21, 2019 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #9 MOTION for Extension of Time to File Answer regarding #1 Complaint, or other Responses to Complaint. (Collins, S.) [Transferred from North Carolina Eastern on 8/7/2019.]
May 21, 2019 Filing 10 Financial Disclosure Statement by SMCC Club House, LLC (Cloninger, John) [Transferred from North Carolina Eastern on 8/7/2019.]
May 21, 2019 Filing 9 MOTION for Extension of Time to File Answer regarding #1 Complaint, or other Responses to Complaint filed by SMCC Club House, LLC. (Attachments: #1 Text of Proposed Order Proposed Order for Extension of Time) (Cloninger, John) [Transferred from North Carolina Eastern on 8/7/2019.]
May 21, 2019 Filing 8 Notice of Appearance filed by John C. Cloninger on behalf of SMCC Club House, LLC. (Cloninger, John) [Transferred from North Carolina Eastern on 8/7/2019.]
May 15, 2019 Filing 7 Affidavit of Service for Complaint for Declaratory Judgment filed by Nationwide Mutual Fire Insurance Company served on SMCC Clubhouse, LLC on 05/09/2019. (Attachments: #1 Exhibit Return Receipt) (Collins, Philip) [Transferred from North Carolina Eastern on 8/7/2019.]
May 15, 2019 Filing 6 Affidavit of Service for Complaint for Declaratory Judgment filed by Nationwide Mutual Fire Insurance Company served on Smoky Mountain Country Club Property Owners Assoc., Inc. on 05/09/2019. (Attachments: #1 Exhibit Return Receipt) (Collins, Philip) [Transferred from North Carolina Eastern on 8/7/2019.]
May 6, 2019 Filing 5 Summons Issued as to SMCC Club House, LLC, Smoky Mountain Country Club Property Owners Association. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.)[Transferred from North Carolina Eastern on 8/7/2019.]
May 6, 2019 Notice to Counsel regarding: #2 Notice - Proposed Summons - Counsel is reminded that the court prefers flattened pdf fillable forms. Counsel should "flatten" the document 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.) [Transferred from North Carolina Eastern on 8/7/2019.]
May 6, 2019 Notice to Counsel - Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. (i.e. "Exhibit A" is not a sufficient description). No further action is needed at this time. (Rudd, D.) [Transferred from North Carolina Eastern on 8/7/2019.]
May 6, 2019 Notice to Counsel - Pursuant to Local Civil Rule 10.1(c), except for the initial filing, all pleadings, motions, discovery procedures, notices, memoranda and other papers filed with the clerk of court shall bear the case number assigned by the clerk. No action required at this time. (Rudd, D.) [Transferred from North Carolina Eastern on 8/7/2019.]
May 3, 2019 Filing 4 Financial Disclosure Statement by Nationwide Mutual Fire Insurance Company (Collins, Philip) [Transferred from North Carolina Eastern on 8/7/2019.]
May 3, 2019 Filing 3 Notice of Appearance filed by Philip Alan Collins on behalf of Nationwide Mutual Fire Insurance Company. (Collins, Philip) [Transferred from North Carolina Eastern on 8/7/2019.]
May 3, 2019 Filing 2 Notice filed by Nationwide Mutual Fire Insurance Company regarding #1 Complaint Civil Cover Sheet and Proposed Summons. (Attachments: #1 Proposed Summons, #2 Proposed Summons) (Collins, Philip) [Transferred from North Carolina Eastern on 8/7/2019.]
May 3, 2019 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-4932722.), filed by Nationwide Mutual Fire Insurance Company. (Attachments: #1 Exhibit A- Answer and Counterclaims by Plaintiffs 14-CVS-238, #2 Exhibit B- North Carolina Court of Appeals Disposition, #3 Exhibit C- Certification, Declaration and Policy) (Collins, Philip) Modified on 5/6/2019 to describe exhibits. (Rudd, D.) [Transferred from North Carolina Eastern on 8/7/2019.]

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Defendant: Smoky Mountain Country Club Property Owners Association
Represented By: James W. Kilbourne, Jr.
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Defendant: SMCC Club House, LLC
Represented By: John C. Cloninger
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Plaintiff: Nationwide Mutual Fire Insurance Company
Represented By: Philip A Collins
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