DANA MINING COMPANY OF PENNSYLVANIA, LLC et al v. BRICKSTREET MUTUAL INSURANCE COMPANY et al
Plaintiff: DANA MINING COMPANY OF PENNSYLVANIA, LLC and PAULA KELLY
Defendant: BRICKSTREET MUTUAL INSURANCE COMPANY and FEDERAL INSURANCE COMPANY
Case Number: 2:2021cv00700
Filed: May 25, 2021
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Robert J Colville
Referring Judge: Maureen P Kelly
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2021 Filing 46 RESPONSE IN OPPOSITION Joinder to #45 Brief in Opposition to Motion, #44 Response to Motion,, filed by PAULA KELLY. (Bailey, Elizabeth)
August 31, 2021 Filing 45 BRIEF in Opposition re #42 Motion to Strike or Drop As Parties Paula Kelly, Individually and as Administratrix of the Estate of John William Kelly filed by DANA MINING COMPANY OF PENNSYLVANIA, LLC. (Oliver, Antoinette)
August 31, 2021 Filing 44 RESPONSE to Motion re #42 MOTION to Strike or Drop as Parties Paula Kelly, Individually and as Administratrix of the Estate of John William Kelly filed by DANA MINING COMPANY OF PENNSYLVANIA, LLC. (Attachments: #1 Proposed Order) (Oliver, Antoinette)
August 17, 2021 Filing 43 BRIEF in Support re #42 Motion to Strike or Drop as Parties Paula Kelly, Individually and as Administratrix of the Estate of John William Kelly filed by FEDERAL INSURANCE COMPANY. (Schiller, Ronald)
August 17, 2021 Filing 42 MOTION to Strike or Drop as Parties Paula Kelly, Individually and as Administratrix of the Estate of John William Kelly by FEDERAL INSURANCE COMPANY. (Attachments: #1 Proposed Order) (Schiller, Ronald)
July 27, 2021 Opinion or Order Filing 41 ORDER granting #40 Motion to Withdraw of Attorney James C. Walls, III as counsel for Defendant Brickstreet Mutual Insurance Company. Signed by Judge Robert J. Colville on 7/27/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
July 27, 2021 Filing 40 MOTION to Withdraw as Attorney James C. Walls, III by BRICKSTREET MUTUAL INSURANCE COMPANY. (Walls, James)
July 27, 2021 Filing 39 Sur-Reply Brief In Support of Federal Insurance Company's Motion to Dismiss Count V of Complaint re #22 Motion to Dismiss for Failure to State a Claim, filed by FEDERAL INSURANCE COMPANY. (Schiller, Ronald)
July 23, 2021 Filing 38 Sur-Reply Brief in Opposition of re #22 Motion to Dismiss for Failure to State a Claim, filed by DANA MINING COMPANY OF PENNSYLVANIA, LLC. (Noble, Andrew)
July 21, 2021 Opinion or Order Filing 37 ORDER indicating that Plaintiff Dana Mining's Motion for Leave to File Surreply #34 and Defendant Federal Insurance's Motion for Leave to File Surreply #35 are granted. Dana Mining shall file its Surreply by 7/26/21. Federal Insurance shall file its Surreply by 7/29/21. Signed by Judge Robert J. Colville on 7/21/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
July 21, 2021 Filing 36 BRIEF in Support re #35 Motion for Leave to File Sur-reply Brief In Support of Motion To Dismiss Count V of Dana Mining LLC's complaint filed by FEDERAL INSURANCE COMPANY. (Attachments: #1 Exhibit A-Proposed sur-reply) (Schiller, Ronald)
July 21, 2021 Filing 35 MOTION for Leave to File Sur-reply In Support of Motion to Dismiss Count V of Dana Mining Company by FEDERAL INSURANCE COMPANY. (Attachments: #1 Proposed Order) (Schiller, Ronald)
July 13, 2021 Filing 34 MOTION for Leave to File Motion for Leave to File Sur-Reply Brief in Opposition to Motion to Dismiss by DANA MINING COMPANY OF PENNSYLVANIA, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order) (Oliver, Antoinette)
July 9, 2021 Filing 33 REPLY BRIEF re #22 Motion to Dismiss for Failure to State a Claim filed by FEDERAL INSURANCE COMPANY. (Schiller, Ronald)
July 2, 2021 Filing 32 BRIEF in Opposition re #22 Motion to Dismiss for Failure to State a Claim filed by DANA MINING COMPANY OF PENNSYLVANIA, LLC. (Bailey, Elizabeth)
July 2, 2021 Filing 31 RESPONSE to Motion re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DANA MINING COMPANY OF PENNSYLVANIA, LLC. (Bailey, Elizabeth)
July 2, 2021 Filing 30 BRIEF in Opposition re #22 Motion to Dismiss for Failure to State a Claim filed by DANA MINING COMPANY OF PENNSYLVANIA, LLC. (Oliver, Antoinette)
July 2, 2021 Filing 29 RESPONSE to Motion re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DANA MINING COMPANY OF PENNSYLVANIA, LLC. (Attachments: #1 Proposed Order) (Oliver, Antoinette)
June 28, 2021 Filing 28 Plaintiffs ANSWER to Defendant Brickstreet Mutual Insurance Company's Counterclaims by PAULA KELLY. (Bailey, Elizabeth) Modified text on 7/2/2021. (cel)
June 28, 2021 Filing 27 ANSWER to Complaint by PAULA KELLY. (Bailey, Elizabeth)
June 22, 2021 Filing 26 Stipulation for Extension of Time to Answer by PAULA KELLY Answer due from BRICKSTREET MUTUAL INSURANCE COMPANY on 6/28/2021. (Bailey, Elizabeth)
June 21, 2021 Filing 25 PLAINTIFF'S ANSWER to Complaint ANSWER AND AFFIRMATIVE DEFENSES TO BRICKSTREET MUTUAL INSURANCE COMPANY'S COUNTERCLAIM by DANA MINING COMPANY OF PENNSYLVANIA, LLC. (Oliver, Antoinette)
June 11, 2021 Filing 24 ANSWER to Brickstreet Mutual Insurance Company's Crossclaim by FEDERAL INSURANCE COMPANY. (Attachments: #1 Certificate of Service) (Schiller, Ronald) Modified on 6/15/2021 (jjg).
June 11, 2021 Filing 23 BRIEF in Support re #22 Motion to Dismiss for Failure to State a Claim filed by FEDERAL INSURANCE COMPANY. (Attachments: #1 Exhibit A) (Schiller, Ronald)
June 11, 2021 Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by FEDERAL INSURANCE COMPANY. (Attachments: #1 Certificate of Counsel, #2 Proposed Order, #3 Certificate of Service) (Schiller, Ronald)
June 10, 2021 Filing 21 Stipulation for Extension of Time to Answer by DANA MINING COMPANY OF PENNSYLVANIA, LLC Answer due from DANA MINING COMPANY OF PENNSYLVANIA, LLC on 6/21/2021. (Oliver, Antoinette)
June 10, 2021 Filing 20 Disclosure Statement identifying None as corporate parent or other affiliate, by DANA MINING COMPANY OF PENNSYLVANIA, LLC. (Oliver, Antoinette)
June 4, 2021 Filing 19 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. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (jg)
June 4, 2021 Opinion or Order Filing 18 ORDER RE: Rule 12(b) Motions (details more fully stated in said Order). Signed by Judge Robert J. Colville on 6/4/21. (jg)
June 4, 2021 Filing 17 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. (jg)
June 4, 2021 Opinion or Order Filing 16 ORDER OF RECUSAL. Magistrate Judge Patricia L. Dodge recused. Signed by Magistrate Judge Patricia L. Dodge on 6/4/2021. (spc)
June 4, 2021 Judge Robert J. Colville presiding. (cww)
June 3, 2021 Filing 15 Disclosure Statement identifying None as corporate parent or other affiliate, by BRICKSTREET MUTUAL INSURANCE COMPANY. (Neiser, Julian)
June 3, 2021 Magistrate Judge Patricia L. Dodge presiding. Judge Joy Flowers Conti no longer assigned to case. (cww)
June 2, 2021 Opinion or Order Filing 14 ORDER REASSIGNING CASE. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 6/2/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kly)
June 2, 2021 Opinion or Order Filing 13 ORDER granting #12 Motion for Bonnie M. Hoffman to Appear Pro Hac Vice. Signed by Judge David S. Cercone on 6/2/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kly)
June 2, 2021 Judge Joy Flowers Conti presiding. (cww)
June 2, 2021 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #12 Motion to Appear Pro Hac Vice. ERROR: Multiple document were scanned as one document. CORRECTION: The attorney is advised that, in the future, main documents, exhibits and proposed orders should be scanned separately. The additional documents should be made attachments to the main document. This message is for informational purposes only. (cel)
June 1, 2021 Filing 12 MOTION for attorney Bonnie M. Hoffman to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6540353) by FEDERAL INSURANCE COMPANY. (Hoffman, Bonnie)
June 1, 2021 Opinion or Order Filing 11 ORDER OF RECUSAL. Magistrate Judge Maureen P. Kelly recused. Signed by Magistrate Judge Maureen P. Kelly on 6/1/2021. (et)
June 1, 2021 Filing 10 NOTICE of Appearance by David L. Kwass on behalf of PAULA KELLY. (Kwass, David)
June 1, 2021 Filing 9 NOTICE of Appearance by Elizabeth Bailey on behalf of PAULA KELLY. (Bailey, Elizabeth)ERROR: Wrong filer. This document has been removed from public view. Modified on 6/1/2021 (cel).
June 1, 2021 Filing 8 NOTICE of Appearance by Elizabeth Bailey on behalf of PAULA KELLY. (Bailey, Elizabeth)
June 1, 2021 Judge David S. Cercone presiding. (cww)
May 28, 2021 Filing 7 Disclosure Statement identifying Chubb INA Holdings Inc. as corporate parent or other affiliate, by FEDERAL INSURANCE COMPANY. (Schiller, Ronald)
May 28, 2021 Filing 6 STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT FEDERAL INSURANCE COMPANY TO RESPOND TO PLAINTIFFS COMPLAINT AND DEFENDANTS CROSS-CLAIM TO 6/11/2021 by FEDERAL INSURANCE COMPANY. (Schiller, Ronald)
May 27, 2021 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal, #3 Notice of Appearance, #2 Notice of Appearance. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 6/3/2021. (cel)
May 26, 2021 Filing 5 NOTICE of Appearance by Kate E. McCarthy on behalf of DANA MINING COMPANY OF PENNSYLVANIA, LLC. (McCarthy, Kate)
May 26, 2021 Filing 4 NOTICE of Appearance by Andrew L. Noble on behalf of DANA MINING COMPANY OF PENNSYLVANIA, LLC. (Noble, Andrew)
May 26, 2021 Filing 3 NOTICE of Appearance by Antoinette C. Oliver on behalf of DANA MINING COMPANY OF PENNSYLVANIA, LLC. (Oliver, Antoinette)
May 26, 2021 Filing 2 NOTICE of Appearance by Julian E. Neiser on behalf of BRICKSTREET MUTUAL INSURANCE COMPANY. (Neiser, Julian)
May 25, 2021 Filing 1 NOTICE OF REMOVAL from Greene County, case number AD-224-2021 with Jury Demand (Filing fee, including Administrative fee, $402, receipt number APAWDC-6531133), filed by FEDERAL INSURANCE COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H) (cel)

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Plaintiff: DANA MINING COMPANY OF PENNSYLVANIA, LLC
Represented By: Antoinette C. Oliver
Represented By: Andrew L. Noble
Represented By: Kate E. McCarthy
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Plaintiff: PAULA KELLY
Represented By: Antoinette C. Oliver
Represented By: Andrew L. Noble
Represented By: Kate E. McCarthy
Represented By: David L. Kwass
Represented By: Elizabeth Bailey
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Defendant: BRICKSTREET MUTUAL INSURANCE COMPANY
Represented By: James C. Walls, III
Represented By: Julian E. Neiser
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Defendant: FEDERAL INSURANCE COMPANY
Represented By: Ronald P. Schiller
Represented By: Bonnie M. Hoffman
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