VENEZIE SPORTING GOODS, LLC v. ALLIED INSURANCE COMPANY OF AMERICA et al
| VENEZIE SPORTING GOODS, LLC |
| ALLIED INSURANCE COMPANY OF AMERICA and NATIONWIDE INSURANCE COMPANY |
| 2:2020cv01066 |
| July 16, 2020 |
| US District Court for the Western District of Pennsylvania |
| Mark R Hornak |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 23, 2020. A more recent docket listing may be available from PACER.
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #26 Sur-Reply Brief. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (ma) |
| Filing 28 NOTICE of Supplemental Authority by ALLIED INSURANCE COMPANY OF AMERICA, NATIONWIDE INSURANCE COMPANY re #4 Motion to Dismiss for Failure to State a Claim, (Attachments: #1 Exhibit A - Turek Enterprises v. State Farm) (Salzer, William) |
| Filing 27 NOTICE of Supplemental Authority by ALLIED INSURANCE COMPANY OF AMERICA, NATIONWIDE INSURANCE COMPANY re #4 Motion to Dismiss for Failure to State a Claim, (Attachments: #1 Exhibit A - Mauricio Martinez v. Allied) (Salzer, William) |
| Filing 26 Sur-Reply Brief re #17 Brief in Opposition to Motion filed by VENEZIE SPORTING GOODS, LLC. (Mack, Samuel) |
| Filing 25 NOTICE of Supplemental Authority by ALLIED INSURANCE COMPANY OF AMERICA, NATIONWIDE INSURANCE COMPANY re #4 Motion to Dismiss for Failure to State a Claim, (Attachments: #1 Exhibit A - 10E, LLC v. Travelers Indemnity Co. of Connecticut, et al, #2 Exhibit B - Malaube, LLC v. Greenwich Insurance Company) (Salzer, William) |
| Filing 24 Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Oral Argument held on 9/1/20. (Court Reporter: Noreen Re) (jad) |
| Filing 23 NOTICE of Supplemental Authority by ALLIED INSURANCE COMPANY OF AMERICA, NATIONWIDE INSURANCE COMPANY re #4 Motion to Dismiss for Failure to State a Claim, (Attachments: #1 Exhibit A - Diesel Barbershop v. State Farm Lloyds) (Salzer, William) |
Filing 22
ORDER GRANTING #21 Motion for Leave to File Supplemental Authority. Defendants shall file on ECF its Notice of Supplemental Authority with the referenced decision within five (5) days of the date of this Order.. Signed by Chief Judge Mark R. Hornak on 8/20/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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| Filing 21 MOTION for Leave to File Notice of Supplementary Authority by ALLIED INSURANCE COMPANY OF AMERICA, NATIONWIDE INSURANCE COMPANY. (Attachments: #1 Proposed Order) (Salzer, William) |
| Filing 20 Disclosure Statement identifying None as corporate parent or other affiliate, by ALLIED INSURANCE COMPANY OF AMERICA, NATIONWIDE INSURANCE COMPANY. (Attachments: #1 Certificate of Service) (Salzer, William) |
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Filing 19
SCHEDULING ORDER. An Oral Argument is hereby SCHEDULED for 9/1/20 at 9:30 AM before Chief Judge Mark R. Hornak. Counsel shall be prepared to argue all pending motions. The Zoom information required to participate will be circulated via e-mail. Signed by Chief Judge Mark R. Hornak on 8/18/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
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| Filing 18 REPLY BRIEF re #16 Response in Opposition filed by ALLIED INSURANCE COMPANY OF AMERICA, NATIONWIDE INSURANCE COMPANY. (Attachments: #1 Certificate of Service, #2 Exhibit A - Order in Rose's 1, LLC, #3 Exhibit B - Order in Gavrilides) (Salzer, William) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #12 Response to Motion. ERROR: Memorandum in Opposition should have been filed as a separate document. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed 07/31/2020 W/ #12 BRIEF in Opposition re #8 Motion to Remand to State Court. No action required. (jv) |
| Filing 17 BRIEF in Opposition re #4 Motion to Dismiss for Failure to State a Claim, filed by VENEZIE SPORTING GOODS, LLC. (Attachments: #1 Appendix Table of Contents, #2 Exhibit Plaintiffs' Complaint, #3 Exhibit Insurance Policy, #4 Exhibit Declarations Page) (Mack, Samuel) |
| Filing 16 RESPONSE IN OPPOSITION to #4 Motion to Dismiss for Failure to State a Claim,, filed by VENEZIE SPORTING GOODS, LLC. (Attachments: #1 Proposed Order) (Mack, Samuel) Modified on 8/11/2020 (ept). |
| Filing 15 NOTICE of Appearance by William Thomas Salzer on behalf of ALLIED INSURANCE COMPANY OF AMERICA, NATIONWIDE INSURANCE COMPANY. (Salzer, William) |
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Filing 14
ORDER GRANTING #13 Motion for William T. Salzer to Appear Pro Hac Vice. Signed by Chief Judge Mark R. Hornak on 8/4/20. (jad)
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| Filing 13 MOTION for attorney William T. Salzer to Appear Pro Hac Vice, (Filing fee $70, Receipt # BPAWDC-5807259) by ALLIED INSURANCE COMPANY OF AMERICA, NATIONWIDE INSURANCE COMPANY. (Attachments: #1 Affidavit William T. Salzer, #2 Proposed Order, #3 Exhibit Certificate of Good Standing, #4 Certificate of Service) (Salzer, William) |
| W/ #12 BRIEF in Opposition re #8 Motion to Remand to State Court filed by ALLIED INSURANCE COMPANY OF AMERICA, NATIONWIDE INSURANCE COMPANY. (jv) |
| Filing 12 RESPONSE to Motion re #8 MOTION to Remand to State Court filed by ALLIED INSURANCE COMPANY OF AMERICA, NATIONWIDE INSURANCE COMPANY. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Grimm, Robert) |
| Filing 11 Errata re #1 Notice of Removal, Reason for Correction: Case number added to removal. (mao) |
| Filing 9 BRIEF in Support re #8 Motion to Remand to State Court filed by VENEZIE SPORTING GOODS, LLC. (Attachments: #1 Proposed Order of Court) (Mack, Samuel) Modified on 7/29/2020 (ept). |
| Filing 8 MOTION to Remand to State Court by VENEZIE SPORTING GOODS, LLC. (Mack, Samuel) |
| Filing 7 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice and use either Dial-In No. 1 or Dial-In No. 2, both of which are contained in this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (jad) |
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Filing 6
STANDING ORDER ON CIVIL MOTION PRACTICE. Signed by Chief Judge Mark R. Hornak on 7/24/20. (jad)
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| Filing 5 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jad) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ALLIED INSURANCE COMPANY OF AMERICA, NATIONWIDE INSURANCE COMPANY. (Attachments: #1 Proposed Service Order, #2 Exhibit A - Nationwide Policy, #3 Exhibit B - Allied Policy, #4 Exhibit C - 3-19-20 Order of Governor, #5 Exhibit D - 3-23-20 Order of Governor, #6 Exhibit E - 4-1-20 Order of Governor) (Grimm, Robert) |
| Filing 3 AMENDED DOCUMENT Notice of Removal by ALLIED INSURANCE COMPANY OF AMERICA, NATIONWIDE INSURANCE COMPANY. Amendment to #1 Notice of Removal,. (Attachments: #1 Exhibit A - Documents from Lawrence County, #2 Exhibit B - Business History Corporation Bureau - Venezie Sporting Goods, #3 Exhibit C - Certificate of Organization, #4 Exhibit D - Business History Corporation Bureau - Eric Ryan Corporation, #5 Exhibit E - UCC Financing Statement 9-24-19) (Grimm, Robert) |
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Filing 2
ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE REMANDED TO STATE COURT FOR WANT OF SUBJECT MATTER JURISDICTION AND SETTING A DEADLINE TO SHOW CAUSE. This civil action has been removed to this Court from the Court of Common Pleas of Lawrence County (PA), invoking this Courts subject matter jurisdiction pursuant to 28 U.S.C. 1332(a), diversity of citizenship. The Plaintiff in this action is identified as a Pennsylvania limited liability corporation or LLC. The Notice of Removal does not definitively identify each member of the LLC and its state(s) of citizenship so as to facially demonstrate complete diversity of citizenship, see Lincoln Benefit Life Co. v. AEI Life, LLC, 800 F. 3d 99, 106-10 (3d Cir. 2010). The Court therefore gives notice of its intention to remand this action to state court on or after July 27, 2020 should the removing party fail to demonstrate via an amended filing or otherwise on or before that date that this Court has subject matter jurisdiction over this civil action, see In re FMC Corp. Packaging Sys. Div., 208 F. 3d 445, 450 (3d Cir. 2000). Signed by Chief Judge Mark R. Hornak on 07/20/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark)
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| Filing 1 NOTICE OF REMOVAL from Court of Common Pleas of Lawrence County, case number 10397-2020 CA Copies attached: Complaint, Entry of Appearance, Certificate of Service (Filing fee, including Administrative fee, $400, receipt number APAWDC-5767494), filed by NATIONWIDE INSURANCE COMPANY, ALLIED INSURANCE COMPANY OF AMERICA. (Attachments: #1 Exhibit, #2 Civil Cover Sheet) (mao) |
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