Western Avenue Association v. Capitol Indemnity Corporation
Plaintiff: Western Avenue Association
Defendant: Capitol Indemnity Corporation
Case Number: 5:2020cv00623
Filed: July 1, 2020
Court: US District Court for the Western District of Oklahoma
Presiding Judge: Jodi W Dishman
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 25, 2020 Filing 17 RESPONSE to Motion re #15 MOTION to Dismiss Pltf's 3rd Amended Complaint with Prejudice filed by Western Avenue Association. (Attachments: #1 Exhibit Depo of Palmer)(Engel, Mark)
August 18, 2020 Filing 16 ENTER ORDER. The Status/Scheduling Conference set for August 26, 2020, at 1:30 p.m. and joint status report and discovery plan deadline of August 18, 2020, are hereby STRICKEN to be reset, if necessary, after the Court's ruling on Defendant's Motion to Dismiss Plaintiff's Third Amended Complaint Doc. No. #15 , which was filed after the Court's Status/Scheduling Conference Docket Doc. No. #12 . Entered at the direction of the Honorable Jodi W. Dishman on 08/18/2020. (nv)
August 4, 2020 Filing 15 MOTION to Dismiss Pltf's 3rd Amended Complaint with Prejudice by Capitol Indemnity Corporation. (Attachments: #1 Exhibit Capitol Indemnity.POL 382, #2 Exhibit Capitol Indemnity.POL 448, #3 Exhibit Capitol Indemnity.POL 462, #4 Exhibit Capitol Indemnity.POL 1, #5 Exhibit Whitworth to Perrone 18-0821 [Third Party Complaint], #6 Exhibit Perrone to Whitworth 18-0912 [Resp to 18-0821 Ltr]], #7 Exhibit Whitworth to Perrone 18-0918 [Confirming Receipt of 18-0912 Opinion Ltr], #8 Exhibit Perrone to Whitworth 18-0928 [Resp to 18-0918 Email re Coverage], #9 Exhibit Dkt #1 Complaint for Declaratory Judgment, #10 Exhibit Dkt #43 Order, #11 Exhibit Dkt #35 HOMECO's Resp to Pl's MSJ, #12 Exhibit Dkt #44 Declaratory Judgment, #13 Exhibit Dkt #78 HOMECO's MSJ on its Third Party Complaint Against Western Ave Association, #14 Exhibit Dkt #86 Wester Ave's Resp to HOMECO's MSJ, #15 Exhibit Dkt #1 Complaint for Damages)(Richards, Phil)
August 3, 2020 Opinion or Order Filing 14 ORDER granting #13 Motion for Leave to File Out of Time. Defendant may file its Motion to Dismiss within twenty-four (24) hours of the entry of this Order. See Order for all details. Signed by Honorable Jodi W. Dishman on 08/03/2020. (nv)
August 3, 2020 Filing 13 MOTION for Leave to File out of Time by Capitol Indemnity Corporation. (Sneed, Ethan)
July 24, 2020 Filing 12 STRICKEN STATUS/SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 8/26/2020 at 1:30 PM in Courtroom 502 before the Honorable Jodi W. Dishman. Status Report due by 8/18/2020. (nv) Modified on 8/18/2020 striking conference in this case. See Enter Order #16 (nv).
July 21, 2020 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)
July 17, 2020 Filing 11 ENTRY of Appearance by Kenneth G Cole on behalf of Western Avenue Association (Cole, Kenneth)
July 17, 2020 Filing 10 ENTRY of Appearance by Mark A Engel on behalf of Western Avenue Association (Engel, Mark)
July 17, 2020 Filing 9 ENTRY of Appearance by Zachary K Housel on behalf of Western Avenue Association (Housel, Zachary)
July 17, 2020 Filing 8 AMENDED COMPLAINT against Capitol Indemnity Corporation filed by Western Avenue Association.(Housel, Zachary)
July 8, 2020 Filing 7 DISCLOSURE STATEMENT - CORPORATE by Capitol Indemnity Corporation . (Sneed, Ethan)
July 8, 2020 Opinion or Order Filing 6 ORDER granting #5 Motion for Extension of Time to Answer Capitol Indemnity Corporation answer due 7/22/2020. The Court extends the deadline for Defendant to answer, move against, or otherwise respond to Plaintiffs Second Amended Complaint [Doc. No. 1-5] to July 22, 2020. Signed by Honorable Jodi W. Dishman on 07/08/2020. (nv)
July 8, 2020 Filing 5 UNOPPOSED MOTION for Extension of Time to File Answer or Otherwise Plead by Capitol Indemnity Corporation. (den Harder, Casper)
July 1, 2020 Filing 4 ENTRY of Appearance by Ethan M Sneed on behalf of Capitol Indemnity Corporation (Sneed, Ethan)
July 1, 2020 Filing 3 ENTRY of Appearance by Casper J den Harder on behalf of Capitol Indemnity Corporation (den Harder, Casper)
July 1, 2020 Filing 2 ENTRY of Appearance by Phil R Richards on behalf of Capitol Indemnity Corporation (Richards, Phil)
July 1, 2020 Filing 1 NOTICE OF REMOVAL from District Court of Oklahoma County, case number CJ-2020-2046 filed by Capitol Indemnity Corporation. (Attachments: #1 Exhibit 1 - Petition, #2 Exhibit 2 - Amended Petition, #3 Exhibit 3 - Summons Capitol Indemnity Corporation, #4 Exhibit 4 - Capitol's MTD, #5 Exhibit 5 - Second Amended Petition, #6 Exhibit 6 - Docket Sheet, #7 Civil Cover Sheet)(em)
July 1, 2020 PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-3184413. (Richards, Phil)

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Plaintiff: Western Avenue Association
Represented By: Mark A Engel
Represented By: Zachary K Housel
Represented By: Kenneth G Cole
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Defendant: Capitol Indemnity Corporation
Represented By: Phil R Richards
Represented By: Casper J den Harder
Represented By: Ethan M Sneed
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