North Star Mutual Insurance Company v. Thomas et al
| North Star Mutual Insurance Company |
| Cathy Lockhart, Allison Bennett, Reta Engleman, Jared Noble, Richard Trippet, Ava Howard, Circle Diamond Ranch, Diane Trippet, Does All Other Claimants from the March 7, 2020, Beaver County, Oklahoma, Fire, to be Identified, John Savage, James Lockhart, Joy Savage, Daniel Engleman, Ed Thomas, Brian Costner, Braden Bennett, Trey Thomas, Oklahoma Farm Bureau Mutual Insurance Company and Farmers Alliance Mutual Insurance Company |
| 5:2020cv00411 |
| May 4, 2020 |
| US District Court for the Western District of Oklahoma |
| Jodi W Dishman |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on September 22, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 55 ADMINISTRATIVE CLOSING ORDER. On counsel's representation that the parties have reached a settlement and compromise of all claims in this case, it is ORDERED that the Clerk administratively terminate this action in her records. Unless a party moves to reopen or extend this proceeding within 30 days of the entry of this Order, this action shall be deemeddismissed with prejudice, and this Order shall become a final judgment that satisfies the separate-document requirement for purposes of Federal Rule of Civil Procedure 58(a). Signed by Honorable Jodi W. Dishman on 09/22/2021. (nv) |
| Filing 54 REPLY to Response to Motion re #47 MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment North Star Mutual Insurance Company's Combined Reply to Defendants Ed Thomas and Oklahoma Farm Bureau Mutual Insurance Company and Farmers Alliance Mutual Insurance Company's Responses to North Star's Motion for Summary Judgment filed by North Star Mutual Insurance Company. (Kane, Matthew) |
| Filing 53 RESPONSE to Motion re #47 MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment Amended filed by Ed Thomas. (Attachments: #1 Exhibit Deposition of Ed Thomas, #2 Exhibit Deposition of Trey Thomas, #3 Exhibit Second Amended Petition in Beaver County, #4 Exhibit North Star Homeowner's Declaration Page, #5 Exhibit Declaration Page)(Woodson, Michael) |
Filing 52
ORDER granting #51 Unopposed Motion to File Amended Response to Plaintiff's Motion for Summary Judgment. Defendant Ed Thomas may file his amended response to Plaintiff's Motion for Summary Judgment, with the only changes being the addition of a table of contents, within two (2) business days of the date of this Order. Signed by Honorable Jodi W. Dishman on 08/12/2021. (nv)
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| Filing 51 UNOPPOSED MOTION for Leave to File Amended Response to Plaintiff's Motion for Summary Judgment by Ed Thomas. (Woodson, Michael) |
| NOTICE from the Court #50 Response to Motion, STRICKEN. Parties must seek leave before filing amended or supplemental filings. See LCvR7.1(i)and(k). In this case, any motion for leave must also indicate whether it is opposed or unopposed. (nv) |
| Filing 50 STRICKEN RESPONSE to Motion re #47 MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment Amended filed by Ed Thomas. (Attachments: #1 Exhibit Deposition of Ed Thomas, #2 Exhibit Deposition of Trey Thomas, #3 Exhibit Second Amended Petition in Beaver County, #4 Exhibit North Star Homeowner's Declaration Page, #5 Exhibit Declaration Page)(Woodson, Michael) |
| Filing 49 STRICKEN RESPONSE to Motion re #47 MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment filed by Ed Thomas. (Attachments: #1 Exhibit Deposition of Ed Thomas, #2 Exhibit Deposition of Trey Thomas, #3 Exhibit Second Amended Petition in Beaver County, #4 Exhibit North Star Homeowner's Declaration Page, #5 Exhibit Declaration Page)(Woodson, Michael) Modified on 8/13/2021 striking document as an amended version was filed at Doc. No. #53 (nv). |
| Filing 48 RESPONSE to Motion re #47 MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment filed by Farmers Alliance Mutual Insurance Company, Oklahoma Farm Bureau Mutual Insurance Company. (Attachments: #1 Exhibit Exhibit 1 - Deposition of Ed Thomas, #2 Exhibit Exhibit 2 - Deposition of Trey Thomas, #3 Exhibit Exhibit 3 - Second Amended Petition)(Holleman, Virginia) |
| Filing 47 MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment by North Star Mutual Insurance Company. (Attachments: #1 Exhibit 1 - Recorded Interview of Trey Thomas, #2 Exhibit 2 - Trey Thomas Depo, #3 Exhibit 3 - Edward Thomas Depo, #4 Exhibit 4 - Thomas Fencing Facebook, #5 Exhibit 5 - Thomas Fencing & OWDept Contract, #6 Exhibit 6 - Oklahoma Forestry Report, #7 Exhibit 7-1 - Cloud Deck Photos, #8 Exhibit 7-2 - Cloud Deck Photos, #9 Exhibit 7-3 - Cloud Deck Photos, #10 Exhibit 7-4 - Cloud Deck Photos, #11 Exhibit 7-5 - Cloud Deck Photos, #12 Exhibit 7-6 - Cloud Deck Photos, #13 Exhibit 7-7 - Cloud Deck Photos, #14 Exhibit 7-8 - Cloud Deck Photos, #15 Exhibit 7-9 - Cloud Deck Photos, #16 Exhibit 7-10 - Cloud Deck Photos, #17 Exhibit 7-11 - Cloud Deck Photos, #18 Exhibit 7-12 - Cloud Deck Photos, #19 Exhibit 7-13 - Cloud Deck Photos, #20 Exhibit 7-14 - Cloud Deck Photos, #21 Exhibit 7-15 - Cloud Deck Photos, #22 Exhibit 8 - NWS 3-07-20 Significant Wildfire in Beaver County Rpt, #23 Exhibit 9 - Jared Hall Depo, #24 Exhibit 10 - Gutierrez-Flores Depo, #25 Exhibit 11 - Policy)(Kane, Matthew) |
| Filing 46 REPLY by Plaintiff North Star Mutual Insurance Company re #45 Response to Motion, #44 Response to Motion Plaintiff North Star Mutual Insurance Company's Reply to Farmers Alliance Mutual Insurance Company and Oklahoma Farm Bureau Insurance Company's Responses to Defendant Ed Thomas' Motion to Abstain Under the Brillhart Abstention Doctrine, or Alternatively, Motion to Stay Proceedings filed by North Star Mutual Insurance Company. (Kane, Matthew) |
| Filing 45 RESPONSE to Motion re #41 MOTION to Stay Case Proceedings filed by Farmers Alliance Mutual Insurance Company. (Cathcart, William) |
| Filing 44 RESPONSE to Motion re #41 MOTION to Stay Case Proceedings filed by Oklahoma Farm Bureau Mutual Insurance Company. (Cathcart, William) |
| Filing 43 RESPONSE to Motion re #41 MOTION to Stay Case Proceedings Plaintiff North Star Mutual Insurance Company's Response to Defendant Ed Thomas' Motion to Abstain Under the Brillhart Abstention Doctrine, or Alternatively, Motion to Stay Proceedings filed by North Star Mutual Insurance Company. (Kane, Matthew) |
| IMPORTANT NOTICE: The United States District Court for the Western District of Oklahoma (OKWD) is upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, August 3, 2020. Complete information regarding the OKWD NextGen CM/ECF implementation is available at #http://www.okwd.uscourts.gov/nextgen-information.****Currently, you may share a single PACER account with other attorneys in your firm. With the new OKWD NextGen CM/ECF system, sharing of individual PACER accounts is prohibited. You must have an individual upgraded PACER account linked to your e-filing account. Once again, shared PACER accounts cannot be used by OKWD e-filing attorneys. ****Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account and step two is to link your upgraded PACER account to the OKWD e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step cannot be completed until on or after August 3, 2020. ****Many PACER accounts have already been upgraded. The first step is to determine whether you have an "Upgraded" PACER account. If any of the following is true, you have an upgraded PACER account and no action is required until after the OKWD NextGen CM/ECF upgrade on August 3, 2020: 1) You have an upgraded PACER account for another NextGen court or 2) Your PACER account was created after August 10, 2014. If neither of these is true, you must upgrade your legacy PACER account before you can link your PACER account to your new NextGen CM/ECF account. ****OKWDs current CM/ECF system will NOT be available from 11:00 AM on 07/31/20 until 8:00 AM on 08/03/20 due to the upgrade. ****Additional notices will be sent at a later date regarding the second step of this process. If you have questions, please contact the PACER Service Center at 800-676-6856 or the OKWD Clerk's Office CM/ECF Help Desk at 405-609-5555. (Pigott, William) (ADI) |
| Filing 42 ENTRY of Appearance by Matthew C Kane on behalf of North Star Mutual Insurance Company (Kane, Matthew) |
| Filing 41 MOTION to Stay Case Proceedings by Ed Thomas. (Attachments: #1 Exhibit Petition and Amended Petition)(Woodson, Michael) |
| Filing 40 STRICKEN MOTION to Stay Case Proceedings by Ed Thomas. (Attachments: #1 Exhibit)(Woodson, Michael) |
| NOTICE from the Court #40 MOTION to Stay Case Proceedings, STRICKEN due to counsel's failure to comply with ECF Policies and Procedures Manual, Section II(A)(4)(a). Specifically the requirement of a description for each exhibit within the docket text. Counsel to refile. (nv) |
| Filing 39 SUMMONS Returned Executed by North Star Mutual Insurance Company. Ava Howard served on 6/15/2020. (Hefner, Joshua) |
| Filing 38 FIRST ANSWER to #3 Amended Complaint, for Declaratory Judgment by Ed Thomas.(Woodson, Michael) |
| Filing 37 ENTRY of Appearance by Michael Woodson on behalf of Ed Thomas (Woodson, Michael) |
| Filing 36 ANSWER to #3 Amended Complaint, For Declaratory Judgment by Trey Thomas.(McVay, Dalen) |
| Filing 35 ENTRY of Appearance by Dalen D McVay on behalf of Trey Thomas (McVay, Dalen) |
| Filing 34 SUMMONS Returned Executed by North Star Mutual Insurance Company. Daniel Engleman served on 6/4/2020. (Hefner, Joshua) |
| Filing 33 Summons Issued Electronically as to Ava Howard. (em) |
| Filing 32 Summons Reissued Electronically - Alias as to Defendant Daniel Engleman. (em) |
| Filing 31 SUMMONS Returned Executed by North Star Mutual Insurance Company. John Savage served on 5/23/2020. (Hefner, Joshua) |
| Filing 30 SUMMONS Returned Executed by North Star Mutual Insurance Company. Joy Savage served on 5/23/2020. (Hefner, Joshua) |
| Filing 29 SUMMONS Returned Executed by North Star Mutual Insurance Company. Trey Thomas served on 5/23/2020. (Hefner, Joshua) |
| Filing 28 SUMMONS Returned Executed by North Star Mutual Insurance Company. Ed Thomas served on 5/26/2020. (Hefner, Joshua) |
| Filing 27 SUMMONS Returned Executed by North Star Mutual Insurance Company. Richard Trippet served on 5/26/2020. (Hefner, Joshua) |
| Filing 26 SUMMONS Returned Executed by North Star Mutual Insurance Company. Reta Engleman served on 5/23/2020. (Hefner, Joshua) |
| Filing 25 SUMMONS Returned Executed by North Star Mutual Insurance Company. Jared Noble served on 5/22/2020. (Hefner, Joshua) |
| Filing 24 SUMMONS Returned Executed by North Star Mutual Insurance Company. James Lockhart served on 5/26/2020. (Hefner, Joshua) |
| Filing 23 SUMMONS Returned Executed by North Star Mutual Insurance Company. Diane Trippet served on 5/26/2020. (Hefner, Joshua) |
| Filing 22 SUMMONS Returned Executed by North Star Mutual Insurance Company. Circle Diamond Ranch served on 5/23/2020. (Hefner, Joshua) |
| Filing 21 SUMMONS Returned Executed by North Star Mutual Insurance Company. Cathy Lockhart served on 5/26/2020. (Hefner, Joshua) |
| Filing 20 SUMMONS Returned Executed by North Star Mutual Insurance Company. Brian Costner served on 5/22/2020. (Hefner, Joshua) |
| Filing 19 SUMMONS Returned Executed by North Star Mutual Insurance Company. Braden Bennett served on 5/21/2020. (Hefner, Joshua) |
| Filing 18 SUMMONS Returned Executed by North Star Mutual Insurance Company. Allison Bennett served on 5/21/2020. (Hefner, Joshua) |
| Filing 17 DISCLOSURE STATEMENT - CORPORATE by Farmers Alliance Mutual Insurance Company . (Holleman, Virginia) |
| Filing 16 DISCLOSURE STATEMENT - CORPORATE by Oklahoma Farm Bureau Mutual Insurance Company . (Holleman, Virginia) |
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Filing 15
ORDER. A review of the filings in this case reveals that Defendants Oklahoma Farm Bureau Mutual Insurance Company and Farmers Alliance Mutual Insurance Company have not filed a Corporate Disclosure Statement as required by Federal Rule of Civil Procedure 7.1 with their first appearances or pleadings in this case. This Court therefore ORDERS Defendants Oklahoma Farm Bureau Mutual Insurance Company and Farmers Alliance Mutual Insurance Company to each separately file within 7 days of this Order its Corporate Disclosure Statement. A civil form called "Corporate Disclosure Form"is available on the website for the United States District Court for the Western District of Oklahoma, under the tab "Forms." Signed by Honorable Jodi W. Dishman on 05/15/2020. (nv)
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| Filing 14 ANSWER to #3 Amended Complaint, by Oklahoma Farm Bureau Mutual Insurance Company.(Holleman, Virginia) |
| Filing 13 ENTRY of Appearance by Virginia Cathcart Holleman on behalf of Oklahoma Farm Bureau Mutual Insurance Company (Holleman, Virginia) |
| Filing 12 ENTRY of Appearance by William R Cathcart on behalf of Oklahoma Farm Bureau Mutual Insurance Company (Cathcart, William) |
| Filing 11 ANSWER to #3 Amended Complaint, by Farmers Alliance Mutual Insurance Company.(Holleman, Virginia) |
| Filing 10 ENTRY of Appearance by William R Cathcart on behalf of Farmers Alliance Mutual Insurance Company (Cathcart, William) |
| Filing 9 ENTRY of Appearance by Virginia Cathcart Holleman on behalf of Farmers Alliance Mutual Insurance Company (Holleman, Virginia) |
| Filing 8 Summons Issued Electronically as to Allison Bennett, Braden Bennett, Circle Diamond Ranch, Brian Costner, Daniel Engleman, Reta Engleman, Cathy Lockhart, James Lockhart, Jared Noble, John Savage, Joy Savage, Diane Trippet, Richard Trippet. (knt) |
| Filing 7 Summons Issued Electronically as to Farmers Alliance Mutual Insurance Company, Oklahoma Farm Bureau Mutual Insurance Company, Ed Thomas, Trey Thomas. (em) |
| Filing 6 DISCLOSURE STATEMENT - CORPORATE by North Star Mutual Insurance Company . (Hefner, Joshua) |
| Filing 5 ENTRY of Appearance by Gerard F Pignato on behalf of North Star Mutual Insurance Company (Pignato, Gerard) |
| Filing 4 ENTRY of Appearance by Joshua K Hefner on behalf of North Star Mutual Insurance Company (Hefner, Joshua) |
| Filing 3 AMENDED COMPLAINT for Declaratory Judgment against All Defendants filed by North Star Mutual Insurance Company. (Attachments: #1 Exhibit 1 - NWS 3-07-20, #2 Exhibit 2 - Ltr from Cathcart to Thomas 3-12-20, #3 Exhibit 3 - Ltr from Cathcart to Hefner 4-28-20, #4 Exhibit 4 - Ltr from Cathcart to Stewart 5-01-20)(Hefner, Joshua) |
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Filing 2
ORDER. A review of the filings in this case reveals that Plaintiff North Star Mutual Insurance Company, a Minnesota corporation, has not filed a Corporate Disclosure Statement in compliance with Federal Rule of Civil Procedure 7.1. This Court therefore ORDERS Plaintiff North Star Mutual Insurance Company to file within 7 days of this Order its Corporate Disclosure Statement. A civil form called "Corporate Disclosure Form" is available on the website for the United States District Court for the Western District of Oklahoma, under the tab "Forms." Signed by Honorable Jodi W. Dishman on 05/05/2020. (nv)
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| PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-3148675. (Hefner, Joshua) |
| Filing 1 COMPLAINT against Allison Bennett, Braden Bennett, Circle Diamond Ranch, Brian Costner, Does, Daniel Engleman, Reta Engleman, Ava Howard, Cathy Lockhart, James Lockhart, Jared Noble, John Savage, Joy Savage, Ed Thomas, Trey Thomas, Diane Trippet, Richard Trippet filed by North Star Mutual Insurance Company. (Attachments: #1 Exhibit 1 - NWS 03-07-20, #2 Exhibit 2 - Ltr from Cathcart to Thomas 03-12-20, #3 Exhibit 3 - Ltr from Cathcart to Stewart 05-01-20, #4 Civil Cover Sheet)(em) |
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