Scottsdale Surplus Lines Insurance Company v. Countrytyme Land, LLC et al
| Scottsdale Surplus Lines Insurance Company |
| Countrytyme Land, LLC, Mark M Graham and Rick Hughes |
| 2:2023cv02465 |
| August 1, 2023 |
| US District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| James L Graham |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
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Filing 27
ORDER - The Court construes the stipulation as a joint motion brought in accordance with Local Civil Rule 7.3 and GRANTS the motion. Accordingly, Plaintiff shall have until OCTOBER 20, 2023, to file a reply brief in support of its Motion for Judgment on the Pleadings, ECF No. #21 . Signed by Magistrate Judge Elizabeth Preston Deavers on September 28, 2023. (jlk)
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| Filing 26 STIPULATION Extending Time to Reply by Plaintiff Scottsdale Surplus Lines Insurance Company. (Hamilton, Michael) Modified for statistical purposes on 9/28/2023 (jlk). |
| Filing 25 RESPONSE to Motion re #21 MOTION for Judgment on the Pleadings with Brief in Support filed by Defendants Countrytyme Land, LLC, Mark M Graham, Rick Hughes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Bendig, Charles) |
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Filing 24
PRELIMINARY PRETRIAL ORDER: Joinder of Parties/Motions to Amend due by 8/31/2023. Discovery due by 3/15/2024. (If the parties are unable to reach an agreement on any matter related to discovery, they are directed to arrange a conference with the Court). Dispositive motions due by 4/15/2024. Primary Expert due by 12/15/2023. Rebuttal Expert due by 1/31/2024. Signed by Magistrate Judge Elizabeth Preston Deavers on 9/11/2023. (vb)
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Filing 23
ORDER granting #19 Motion to Withdraw as Attorneys John Stephen Teetor & Scyld D Anderson. (Attorneys terminated). Signed by Magistrate Judge Elizabeth Preston Deavers on 8/31/2023. (vb)
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| NOTICE : The Preliminary Pretrial Conference set for 8/31/2023 11:30 AM is VACATED. (See ECF No. #20 .) (sln) |
| Filing 22 RESPONSE in Opposition re #18 MOTION to Dismiss FOR ABSTENTION Brief in Opposition filed by Plaintiff Scottsdale Surplus Lines Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (Hamilton, Michael) |
| Filing 21 MOTION for Judgment on the Pleadings with Brief in Support by Plaintiff Scottsdale Surplus Lines Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Hamilton, Michael) |
| Filing 20 RULE 26(f) REPORT by Plaintiff Scottsdale Surplus Lines Insurance Company. (Hamilton, Michael) |
| Filing 19 MOTION to Withdraw as Attorney Motion for Leave to Withdraw by Counter Defendant Scottsdale Surplus Lines Insurance Company. (Attachments: #1 Text of Proposed Order Journal Entry - Order) (Anderson, Scyld) |
| Filing 18 MOTION to Dismiss FOR ABSTENTION by Defendants Countrytyme Land, LLC, Mark M Graham, Rick Hughes. (Attachments: #1 Exhibit XA NOTICE OF INTENT TO FILE 08.24.22, #2 Exhibit XB SCOTTSDALE REQ FOR MORE TIME 09.16.22, #3 Exhibit XC SCOTTSDALE FU REQ FOR MORE TIME 10.28.22, #4 Exhibit XD INTENDED DEC ACTION 11.22.22) (Bendig, Charles) |
| Filing 17 Response To Defendants' Counterclaim for Declaratory Judgment by Plaintiff Scottsdale Surplus Lines Insurance Company. (Hamilton, Michael) |
| Filing 16 NOTICE of Hearing:Preliminary Pretrial Conference set for 8/31/2023 11:30 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) |
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Filing 15
ORDER - Pursuant to S.D. Ohio Civ. R. 82.1(b), this case is hereby transferred from the docket of the Honorable Jeffery P. Hopkins to the Office of the Clerk for reassignment to the Eastern Division of the Southern District of Ohio at Columbus. Signed by Judge Jeffery P. Hopkins on 7/31/2023. (zmc)
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| Case transferred in from Western Division of Cincinnati Division on 08/01/2023 Case Number 1:22-cv-685. Case assigned to Judge James L. Graham and Magistrate Judge Elizabeth Preston Deavers. (zmc) |
| Filing 14 Defendants ANSWER to #1 Complaint, , Amended COUNTERCLAIM against Plaintiff against All Defendants filed by All Defendants. (Bendig, Charles) |
| Filing 13 Unopposed MOTION to Amend/Correct #11 MOTION for Judgment on the Pleadings as to Claim of Bad Faith by Defendants Countrytyme Land, LLC, Mark M Graham, Rick Hughes. (Attachments: #1 Exhibit A) (Bendig, Charles) |
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Minute entry and Notation Order for proceedings held before Judge Jeffery P. Hopkins: Preliminary Pretrial Conference held on 7/26/23. Attorney David Brown and Michael Hamilton appeared on behalf of Plaintiff; Attorney Charles Bendig appeared on behalf of Defendants. Attorney Scyld Anderson appeared for Counter-Claimant Scottsdale. The parties stipulate to the Unopposed Motion for Defendants to Amend their Counterclaim (Doc. #13 ), which is GRANTED. The case venue was discussed and pursuant to S.D. Ohio Civ. R. 82.1, the Court will issue a separate Transfer Order. SO ORDERED by Judge Jeffery P. Hopkins. (Court Reporter Linda Mullen.) (mr) Modified to correct date in entry on 7/26/2023 (mr).
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| Filing 12 RULE 26(f) REPORT Of Parties by Plaintiff Scottsdale Surplus Lines Insurance Company. (Hamilton, Michael) |
| Filing 11 MOTION for Judgment on the Pleadings as to Claim of Bad Faith by Counter Defendant Scottsdale Surplus Lines Insurance Company. (Attachments: #1 Exhibit Scottsdale Coverage Determination Letter) (Anderson, Scyld) |
| Filing 10 NOTICE of Appearance by John Stephen Teetor for Plaintiff Scottsdale Surplus Lines Insurance Company (Teetor, John) |
| Filing 9 NOTICE of Appearance by Scyld D Anderson for Plaintiff Scottsdale Surplus Lines Insurance Company (Anderson, Scyld) |
| Filing 8 STIPULATION to Delete all References to Countrytyme Realty, LLC by Plaintiff Scottsdale Surplus Lines Insurance Company. (Hamilton, Michael) |
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NOTATION ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of David L. Brownas Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Karen L. Litkovitz on 01/27/2023. (tla)
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| Filing 7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9240095) of David L. Brown by Plaintiff Scottsdale Surplus Lines Insurance Company. (Hamilton, Michael) |
| Filing 6 Reply To Defendants' Counterclaim for Declaratory Judgment by Plaintiff Scottsdale Surplus Lines Insurance Company. (Hamilton, Michael) |
| If this case is referred it will be to Magistrate Judge Karen L. Litkovitz. (md) |
| Filing 5 Defendants ANSWER to #2 Amended Complaint , First COUNTERCLAIM against All Plaintiffs filed by All Defendants. (Bendig, Charles) |
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Filing 4
ORDER REASSIGNING CASE. Case reassigned to Judge Jeffery P. Hopkins for all further proceedings. Judge Douglas R. Cole no longer assigned to case. Signed by Chief Judge Algenon L. Marbley on 12/21/22. (jcw)
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| Filing 3 WAIVER OF SERVICE Returned Executed. Waiver sent to Countrytyme Land, LLC on 12/5/2022, answer due 2/3/2023; Mark M Graham on 12/5/2022, answer due 2/3/2023; Rick Hughes on 12/5/2022, answer due 2/3/2023. (Hamilton, Michael) |
| Filing 2 AMENDED COMPLAINT against Countrytyme Land, LLC, Mark M Graham, Rick Hughes, filed by Scottsdale Surplus Lines Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (Hamilton, Michael) |
| Filing 1 COMPLAINT with JURY DEMAND DECLARATORY JUDGMENT COMPLAINT against Countrytyme Land, LLC, Mark M Graham, Rick Hughes ( Filing fee $ 402 paid - receipt number: AOHSDC-9149882), filed by Scottsdale Surplus Lines Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B) (Hamilton, Michael) |
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