ARSENAL LANES INC et al v. AUTO-OWNERS INSURANCE COMPANY
| ARSENAL LANES INC and PAUL BUNCHER |
| AUTO-OWNERS INSURANCE COMPANY |
| 2:2024cv01544 |
| April 15, 2024 |
| US District Court for the Eastern District of Pennsylvania |
| MARK A KEARNEY |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Defendant |
Docket Report
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This docket was last retrieved on April 24, 2024. A more recent docket listing may be available from PACER.
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Filing 15
ORDER THAT UPON CONSIDERING DEFENDANTS MOTION FOR RECONSIDERATION OF OUR APRIL 23, 2024 ORDER #12 REMANDING THIS MATTER TO THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY AS WE FOUND AND DEFENDANT NOW CONFIRMS ITS REMOVAL DID NOT INVOKE OUR SUBJECT MATTER JURISDICTION, AND FINDING NO BASIS FOR RECONSIDERATION, IT IS ORDERED WE DENY DEFENDANTS MOTION FOR RECONSIDERATION #14 . SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 4/24/24.4/24/24 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 14 MOTION for Reconsideration re #12 Order Transferring Case,,, filed by AUTO-OWNERS INSURANCE COMPANY.Certificate of Service. (Attachments: #1 Certificate of Service)(LOUGHRAN, SUSAN) |
| Filing 13 MOTION for Reconsideration re #11 MOTION to Transfer Venue filed by AUTO-OWNERS INSURANCE COMPANY.Certificate of Service. (Attachments: #1 Certificate of Service)(LOUGHRAN, SUSAN) *RE-FILED AT DOC. #14 * Modified on 4/23/2024 (lisad, ). |
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Filing 12
ORDER THAT FOLLOWING OUR APRIL 15, 2024 ORDER #5 DEMONSTRATING OUR LACK OF SUBJECT MATTER JURISDICTION UPON REVIEW OF THE NOTICES OF REMOVAL (ECF NOS. 1, 2) BUT GRANTING DEFENDANT LEAVE TO DEMONSTRATE SUBJECT MATTER JURISDICTION IN AN AMENDED NOTICE OF REMOVAL AND GRANTING BOTH PARTIES LEAVE TO SHOW CAUSE AS TO WHY WE SHOULD NOT REMAND THE COMPLAINT (ECF NO. 1-1) FOR LACK OF SUBJECT MATTER JURISDICTION, DEFENDANT ELECTING TO NOT PLEAD OUR SUBJECT MATTER JURISDICTION, NEITHER PARTY SHOWING CAUSE AS TO WHY WE SHOULD NOT REMAND THE CASE NOT WITHIN OUR SUBJECT MATTER JURISDICTION, AND FINDING WE LACK SUBJECT MATTER JURISDICTION OVER THE COMPLAINT (ECF NO. 1-1), IT IS ORDERED THE CLERK OF COURT SHALL FORTHWITH REMAND THIS MATTER TO THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY AND CLOSE THIS CASE IN THIS DISTRICT. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 4/23/24. 4/23/24 ENTERED AND COPIES E-MAILED.(bw) (Additional attachment(s) added on 4/23/2024: #1 CERTIFIED ORDER) (bw).
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| Filing 11 MOTION to Transfer Venue filed by AUTO-OWNERS INSURANCE COMPANY.Memorandum, Certificate of Service. (Attachments: #1 Memorandum In Support of Motion to Transfer Venue, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Certificate of Service)(LOUGHRAN, SUSAN) |
| Filing 10 DEFENDANT'S ANSWER to Complaint together with and Affirmative Defenses by AUTO-OWNERS INSURANCE COMPANY. (Attachments: #1 Certificate of Service)(LOUGHRAN, SUSAN) |
| Filing 9 NOTICE of Appearance by Connor Murray Finucane on behalf of ARSENAL LANES INC, PAUL BUNCHER (Finucane, Connor) |
| Filing 8 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by AUTO-OWNERS INSURANCE COMPANY.(LOUGHRAN, SUSAN) |
| Filing 7 Disclosure of Citizenship in Diversity Cases by AUTO-OWNERS INSURANCE COMPANY re #1 Notice of Removal (Attorney) . (LOUGHRAN, SUSAN) |
| Filing 6 State Court record received from Court of Common Pleas of Philadelphia County. (CCP - Philadelphia County cv, ) |
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Filing 5
ORDER NO LATER THAN APRIL 22, 2024: (1) DEFENDANT MAY STIPULATE TO REMAND; (2) DEFENDANT MAY FILE AN AMENDED NOTICE OF REMOVAL PROPERLY PLEADING THE PARTIES' CITIZENSHIP AND PLEADING A BASIS TO RETAIN VENUE CONSISTENT WITH 28 U.S.C. 1404(A); AND (3) EITHER PARTY IS GRANTED LEAVE TO SHOW CAUSE IN MEMORANDA NOT EXCEEDING SEVEN PAGES AS TO WHY WE SHOULD NOT REMAND THE COMPLAINT (ECF NO. 1-4) FOR LACK OF SUBJECT MATTER JURISDICTION1 AND, IF THE DEFENDANT CAN PL AD OUR LIMITED SUBJECT MATTER JURISDICTION, WHY WE SHOULD NOT TRANSFER TO THE WESTERN DISTRICT OF PENNSYLVANIA UNDER 28 U.S.C. 1404(A). SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 4/15/24. 4/15/24 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 4 NOTICE of Appearance by SUSAN L. LOUGHRAN on behalf of AUTO-OWNERS INSURANCE COMPANY with Certificate of Service(LOUGHRAN, SUSAN) |
| Filing 3 NOTICE of Appearance by Richard E. Chesney, Jr on behalf of AUTO-OWNERS INSURANCE COMPANY with Certificate of Service(Chesney, Richard) *RE-FILED AT DOC. #4 * Modified on 4/16/2024 (lisad, ). |
| Filing 2 NOTICE by AUTO-OWNERS INSURANCE COMPANY re #1 Notice of Removal (Attorney) (Attachments: #1 Civil Cover Sheet, #2 Designation Form)(Chesney, Richard) |
| Filing 1 NOTICE OF REMOVAL by AUTO-OWNERS INSURANCE COMPANY (Filing fee $ 405 receipt number BPAEDC-17398500), filed by AUTO-OWNERS INSURANCE COMPANY. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Chesney, Richard) |
| Attorneys are required by local rule to complete and file both a Civil Cover Sheet and a Designation Form. DEFENDANT's counsel is directed to file COMPLETED DESIGNATION FORM and CIVIL COVER SHEET in this case using the Notice (Other) docket event located in the Notices category. Both forms are missing. (sbt) |
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