Bank of Commerce v. State Automobile Mutual Insurance Company et al
| Bank of Commerce |
| State Automobile Mutual Insurance Company among other names doing business as State Auto Insurance Companies doing business as State Auto Group doing business as Liberty Mutual Insurance Companies doing business as Liberty Mutual, State Auto Financial Corporation among other names doing business as State Auto Insurance Companies doing business as State Auto Group doing business as Liberty Mutual Insurance Companies doing business as Liberty Mutual and State Auto Property and Casualty Insurance Company among other names doing business as State Auto Insurance Companies doing business as State Auto Group doing business as Liberty Mutual Insurance Companies doing business as Liberty Mutual |
| 5:2023cv00204 |
| March 3, 2023 |
| US District Court for the Western District of Oklahoma |
| Timothy D DeGiusti |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.
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Filing 25
ORDER denying #16 Plaintiffs Amended Motion to Remand. Signed by Chief Judge Timothy D. DeGiusti on 6/1/2023. (mb)
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Filing 24
REPLY to Response to Motion re #16 AMENDED MOTION to Remand to State Court filed by Bank of Commerce. (Attachments: #1 Exhibit Ex.1- Articles of Incorporation, #2 Exhibit Ex.2- Cert. of Amendment -Articles of Incorporation Mutual, #3 Exhibit Ex.3- Articles of Incorporation- Amended and Restated, #4 Exhibit Ex.4- Articles of Incorporation- Amended and Restated, #5 Exhibit Ex.5- Mutual Information Statement, #6 Exhibit Ex.6- Trade name registration (State Auto Insurance Companies), #7 Exhibit Ex.7- Trade name registration (State Auto Insurance Companies))(Naifeh, Clifton)
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Filing 23
REPLY to Response to Motion re #14 MOTION to Dismiss and Brief in Support filed by State Auto Financial Corporation, State Automobile Mutual Insurance Company. (O'Connor, William)
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Filing 22
ORDER granting #21 JOINT MOTION for Extension of Time to File Reply as to #14 MOTION to Dismiss and Brief in Support , #14 MOTION to Dismiss and Brief in Support Reply due by 5/8/2023.. Signed by Chief Judge Timothy D. DeGiusti on 4/28/2023. (mb)
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Filing 21
JOINT MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss and Brief in Support by State Auto Financial Corporation and #16 AMENDED MOTION to Remand to State Court by Bank of Commerce, State Auto Property and Casualty Insurance Company, State Automobile Mutual Insurance Company. (Irby, Jerrick) Modified on 4/28/2023 (rr).
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Filing 20
RESPONSE to Motion re #16 AMENDED MOTION to Remand to State Court filed by State Auto Financial Corporation, State Auto Property and Casualty Insurance Company, State Automobile Mutual Insurance Company. (Attachments: #1 Exhibit 01- State Auto Mutual Ins. Co.'s Certificate of Good Standing, #2 Exhibit 02- State Auto Financial Corp.'s Certificate of Good Standing)(O'Connor, William)
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Filing 19
RESPONSE in Opposition re #14 MOTION to Dismiss and Brief in Support filed by Bank of Commerce. (Attachments: #1 Exhibit State Auto P&C Annual Statement 2021, #2 Exhibit State Automobile Mutual Annual Statement 2021)(Naifeh, Clifton)
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Filing 18
ORDER granting #17 Motion for Leave to File Amended Motion and to Make Doc. No. #16 and Exhibits Plaintiff's Operative Motion to Remand. Plaintiff's original Motion to Remand Doc. No. #15 is stricken and will not be considered. Signed by Chief Judge Timothy D. DeGiusti on 4/5/2023. (kmt)
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Filing 17
MOTION for Leave to File Amended Motion as Operative Motion by Bank of Commerce. (Naifeh, Clifton)
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Filing 16
AMENDED MOTION to Remand to State Court by Bank of Commerce. (Attachments: #1 Exhibit 1- Mutual's Annual Statement Excerpts, #2 Exhibit 2- P&C's Annual Statement Excerpts, #3 Exhibit 3- Financial's 10-K Excerpts, #4 Exhibit 4- Second Amendment to Management and Operations)(Naifeh, Clifton)
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Filing 15
STRICKEN Pursuant to Order #18 - MOTION to Remand to State Court by All Plaintiffs. (Attachments: #1 Exhibit 1- Mutual's Annual Statement Excerpts, #2 Exhibit 2- P&C's Annual Statement Excerpts, #3 Exhibit 3- Financial's 10-K Excerpts, #4 Exhibit 4- Second Amendment to Management and Operations)(Naifeh, Clifton) Modified on 4/7/2023 (ekw)
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Filing 14
MOTION to Dismiss and Brief in Support by State Auto Financial Corporation, State Automobile Mutual Insurance Company. (Attachments: #1 Exhibit 1: Insurance Policy, #2 Exhibit 2: Certificate of Standing)(O'Connor, William)
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Filing 13
ANSWER to Complaint (Notice of Removal) by State Auto Property and Casualty Insurance Company.(O'Connor, William)
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Filing 12
ORDER granting #11 Defendants Unopposed Motion for Extension of Time toRespond to Plaintiffs Complaint State Auto Financial Corporation answer or response due 3/31/2023; State Auto Property and Casualty Insurance Company answer or response due 3/31/2023; State Automobile Mutual Insurance Company answer or response due 3/31/2023.. Signed by Chief Judge Timothy D. DeGiusti on 3/16/2023. (mb)
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Filing 11
UNOPPOSED MOTION for Extension of Time to File Answer by State Auto Financial Corporation, State Auto Property and Casualty Insurance Company, State Automobile Mutual Insurance Company. (Irby, Jerrick)
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Filing 10
ORDER granting #9 Defendants Unopposed Motion for Extension of Time toRespond to Plaintiffs Complaint re #9 UNOPPOSED MOTION for Extension of Time to File Answer State Auto Financial Corporation answer or response due 3/17/2023; State Auto Property and Casualty Insurance Company answer or response due 3/17/2023; State Automobile Mutual Insurance Company answer or response due 3/17/2023.. Signed by Chief Judge Timothy D. DeGiusti on 3/13/2023. (mb)
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Filing 9
UNOPPOSED MOTION for Extension of Time to File Answer by State Auto Financial Corporation, State Auto Property and Casualty Insurance Company, State Automobile Mutual Insurance Company. (Irby, Jerrick)
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Filing 8
ENTRY of Appearance by Jerrick L Irby on behalf of State Auto Financial Corporation, State Auto Property and Casualty Insurance Company, State Automobile Mutual Insurance Company (Irby, Jerrick)
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Filing 7
SUPPLEMENT re #1 Notice of Removal, by State Auto Financial Corporation, State Auto Property and Casualty Insurance Company, State Automobile Mutual Insurance Company. (Attachments: #1 Exhibit 01 - ROS)(Shipley, Margo)
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Filing 6
DISCLOSURE STATEMENT - CORPORATE by State Automobile Mutual Insurance Company . (Shipley, Margo)
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Filing 5
DISCLOSURE STATEMENT - CORPORATE by State Auto Property and Casualty Insurance Company . (Shipley, Margo)
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Filing 4
DISCLOSURE STATEMENT - CORPORATE by State Auto Financial Corporation . (Shipley, Margo)
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Filing 3
ENTRY of Appearance by Margo E Shipley on behalf of State Auto Financial Corporation, State Auto Property and Casualty Insurance Company, State Automobile Mutual Insurance Company (Shipley, Margo)
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Filing 2
ENTRY of Appearance by William W O'Connor on behalf of State Auto Financial Corporation, State Auto Property and Casualty Insurance Company, State Automobile Mutual Insurance Company (O'Connor, William)
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Filing 1
NOTICE OF REMOVAL from Comanche County District Court, case number CJ-2023-45 filed by State Automobile Mutual Insurance Company, State Auto Financial Corporation, State Auto Property and Casualty Insurance Company. (Attachments: #1 Exhibit 1 - Docket, #2 Exhibit 2 - Petition, #3 Exhibit 3 - Summons to State Automobile Mutual Ins Co, #4 Exhibit 4 - ROS re State Automobile Mutual Insurance Company), #5 Civil Cover Sheet) (ekw)
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PAYMENT FOR A CIVIL CASE Filing fee $ 402, receipt number AOKWDC-4105294. (Shipley, Margo)
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| Plaintiff: Bank of Commerce | |
| Represented By: | Clifton D Naifeh |
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| Defendant: State Automobile Mutual Insurance Company among other names doing business as State Auto Insurance Companies doing business as State Auto Group doing business as Liberty Mutual Insurance Companies doing business as Liberty Mutual | |
| Represented By: | Margo E Shipley |
| Represented By: | William W O'Connor |
| Represented By: | Jerrick L Irby |
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| Defendant: State Auto Financial Corporation among other names doing business as State Auto Insurance Companies doing business as State Auto Group doing business as Liberty Mutual Insurance Companies doing business as Liberty Mutual | |
| Represented By: | Margo E Shipley |
| Represented By: | William W O'Connor |
| Represented By: | Jerrick L Irby |
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| Defendant: State Auto Property and Casualty Insurance Company among other names doing business as State Auto Insurance Companies doing business as State Auto Group doing business as Liberty Mutual Insurance Companies doing business as Liberty Mutual | |
| Represented By: | Margo E Shipley |
| Represented By: | William W O'Connor |
| Represented By: | Jerrick L Irby |
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