U.S. Specialty Insurance Company v. Aerial Timber Applicators, Inc.
Plaintiff: U.S. Specialty Insurance Company
Defendant: Aerial Timber Applicators, Inc.
Case Number: 3:2019cv00271
Filed: December 11, 2019
Court: US District Court for the District of North Dakota
Presiding Judge: Alice R Senechal
Referring Judge: Peter D Welte
Nature of Suit: Insurance
Cause of Action: 28:2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 30, 2020 DOCKET CORRECTION re: #19 MEMORANDUM in Support. Wrong event selected. Clerk's office restricted access to document and re-filed as RESPONSE to Motion at #20 , AFFIDAVIT at #21 and MOTION for Hearing at #22 . Clerk's office separated exhibits to the affidavit and added descriptions. (as)
January 30, 2020 Filing 22 MOTION for Hearing re #18 MOTION to DismissMOTION to Stay by U.S. Specialty Insurance Company. (as)
January 30, 2020 Filing 21 AFFIDAVIT of Peter M. Lindberg re #20 Response to Motion by U.S. Specialty Insurance Company. (Attachments: #1 Exhibit A - Information from ND Insurance Department website and National Association of Insurance Commissioners website, #2 Exhibit B - Business Entity Information Pertaining to Aerial Timber Applicators, Inc., #3 Exhibit C - Statement of Tom Hlavnicka, #4 Exhibit D - Report of Steve Magginetti)(as)
January 30, 2020 Filing 20 RESPONSE to Motion re #18 MOTION to DismissMOTION to Stay filed by U.S. Specialty Insurance Company. (as)
January 30, 2020 Filing 19 *RESTRICTED - WRONG EVENT SELECTED* MEMORANDUM in Support re #18 MOTION to DismissMOTION to Stay in Opposition filed by U.S. Specialty Insurance Company. (Attachments: #1 Affidavit of Peter M. Lindberg, #2 Exhibit Exhibits A-D, #3 Oral Argument Requested)(Lindberg, Peter) Modified on 1/30/2020 to restrict access. (as)
January 16, 2020 DOCKET ANNOTATION: the Motion at document #18 has been changed back to a Motion to Dismiss (rather than a Motion for Declaratory Judgment) with the secondary Motion to Stay. Clerk's Office has amended the docket correction filed 1/14/2020 to reflect the change. (lf)
January 14, 2020 DOCKET CORRECTION re: #16 MOTION to Dismiss. Memorandum in Support should have been filed as an attachment to MOTION and not as a combined pdf with main document. Clerks office restricted access to document and re-filed as a separate attachment at #18 ; #16 MOTION to Dismiss. Multiple relief document filed as one relief and Exhibits were not described. Clerks Office added MOTION to Stay and described the exhibits when re-filing MOTION to Dismiss at #18 . (js) Modified on 1/16/2020 to correct docket text (lf).
January 13, 2020 Filing 17 CONSENT/REASSIGNMENT FORM by Aerial Timber Applicators, Inc. (pb)
January 10, 2020 Filing 18 MOTION to Dismiss Complaint for Declaratory Judgment and MOTION to Stay by Aerial Timber Applicators, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Aircraft Insurance Policy, #3 Exhibit 2 - Plaintiff's Original Petition & Request for Disclosure, #4 Exhibit 3 - Attorney Kothari letter to USSIC re Representation, #5 Exhibit 4 - Letter from Plaintiff's counsel to Defendant's counsel re No Payment Made Towards Claim, #6 Proposed Order)(js) Modified on 1/16/2020 to modify the motion relief (lf).
January 10, 2020 Filing 16 *RESTRICTED - MEMO IN SUPPORT SHOULD HAVE BEEN FILED AS SEPARATE ATTACHMENTS TO MAIN DOCUMENT* MOTION to Dismiss Plaintiff U.S. Specialty Insurance Company's Complaint for Declaratory Judgment or in the Alternative, Motion to Stay the Proceedings by Aerial Timber Applicators, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order)(Kothari, Nishi) Modified on 1/14/2020 to restrict access. (js)
January 9, 2020 Opinion or Order Filing 15 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #14 Motion to Appear Pro Hac Vice for Attorney Nishi Kothari. (am)
January 9, 2020 Filing 14 MOTION to Appear Pro Hac Vice Attorney Nishi Kothari (Filing fee $150, receipt number ANDDC-1887834) by Aerial Timber Applicators, Inc.. (Kothari, Nishi) Modified on 1/9/2020 to add receipt number (am).
January 9, 2020 Opinion or Order Filing 13 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #12 Motion to Appear Pro Hac Vice for Attorney George E. Crow. (cjs)
January 8, 2020 Filing 12 MOTION to Appear Pro Hac Vice Attorney George E. Crow (Filing fee $150, receipt number ANDDC-1887170) by Aerial Timber Applicators, Inc.. (Crow, George) Modified on 1/9/2020 to add receipt number(cjs).
January 7, 2020 Opinion or Order Filing 11 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #10 Motion to Appear Pro Hac Vice for Attorney Derek Clint Brasher. (rh)
January 7, 2020 Filing 10 MOTION to Appear Pro Hac Vice Attorney Derek Clint Brasher (Filing fee $150, receipt number ANDDC-1885827) by Aerial Timber Applicators, Inc. (Brasher, Derek) Modified on 1/7/2020 to add receipt number and replace with a non-fillable PDF. Regenerated NEF. (rh)
January 6, 2020 Opinion or Order Filing 9 (Text Only) ORDER REASSIGNING CASE by Chief Judge Peter D. Welte. Case assigned to Chief Judge Peter D. Welte and referred to Magistrate Judge Alice R. Senechal for all further proceedings. (as)
January 6, 2020 Filing 8 CONSENT/REASSIGNMENT FORM by U.S. Specialty Insurance Company. (as)
January 6, 2020 Filing 7 SECOND NOTICE of Direct Assignment as to U.S. Specialty Insurance Company. Consent/Reassignment Form due by 1/13/2020. (js)
January 6, 2020 Filing 6 SUMMONS Returned Executed by U.S. Specialty Insurance Company. Aerial Timber Applicators, Inc. served on 12/20/2019, answer due 1/10/2020 (Lindberg, Peter)
December 13, 2019 Opinion or Order Filing 5 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #4 Motion to Appear Pro Hac Vice for Attorney Peter M. Lindberg. (cjs)
December 12, 2019 Filing 4 MOTION to Appear Pro Hac Vice (Filing fee $150, receipt number ANDDC-1874001) by U.S. Specialty Insurance Company. (Lindberg, Peter) Modified on 12/12/2019 to add receipt number(cjs).
December 12, 2019 Filing 3 NOTICE of Direct Assignment as to U.S. Specialty Insurance Company. Consent/Reassignment Form due by 12/26/2019. (pb)
December 12, 2019 Filing 2 Summons Issued as to Aerial Timber Applicators, Inc. (pb)
December 11, 2019 Filing 1 COMPLAINT against Aerial Timber Applicators, Inc. (Filing fee $400, receipt number 320000097) filed by U.S. Specialty Insurance Company. (Attachments: #1 Civil Cover Sheet)(pb)

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Plaintiff: U.S. Specialty Insurance Company
Represented By: Peter Michael Lindberg
Represented By: Tamara L. Novotny
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Defendant: Aerial Timber Applicators, Inc.
Represented By: Derek Clinton Brasher
Represented By: Nishi Kothari
Represented By: George E. Crow
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