TALBOT UNDERWRITING LIMITED v. NUTRA FOOD INGREDIENTS, LLC et al
Plaintiff: TALBOT UNDERWRITING LIMITED
Defendant: TOTAL FOOD PACKAGING, LLC
Other: NUTRA FOOD INGREDIENTS, LLC
Cross Defendant: AUSVITA NUTRITION, INC. and COLLAGENSEI/GENSEI GLOBAL INDUSTRIES
Case Number: 2:2024cv00258
Filed: February 28, 2024
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: J Nicholas Ranjan
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441 Notice of Removal-Insurance Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 25, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 25, 2024 Filing 36 BRIEF in Opposition re #27 Motion for Miscellaneous Relief,, Motion to Dismiss for Failure to State a Claim, filed by NUTRA FOOD INGREDIENTS, LLC. (Attachments: #1 Proposed Order) (Butcher, Joseph)
April 25, 2024 Filing 35 NOTICE of Appearance by David G. Volk on behalf of AUSVITA NUTRITION, INC. (Volk, David)
April 24, 2024 Filing 34 STIPULATION #27 MOTION to Dismiss for Failure to State a Claim re #8 Third Party Complaint, by NUTRA FOOD INGREDIENTS, LLC. (Butcher, Joseph) Modified text on 4/24/2024 to correct document linkage. (kss)
April 24, 2024 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #34 Stipulation. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (kss)
April 22, 2024 Filing 33 Summons Issued as to COLLAGENSEI/GENSEI GLOBAL INDUSTRIES (rtm)
April 17, 2024 Filing 32 THIRD PARTY COMPLAINT against Collagensei/Gensei Global Industries, filed by NUTRA FOOD INGREDIENTS, LLC. (Attachments: #1 Exhibit "1", #2 Exhibit "2", #3 Exhibit "3", #4 Summons) (Butcher, Joseph)
April 16, 2024 Opinion or Order Filing 31 ORDER granting #30 Motion to Continue. The Court's prior #24 Case Management Order is hereby VACATED, all deadlines set therein VOIDED, and the Telephonic Initial Case Management Conference set for 4/26/2024 CANCELED. In light of the representations made in the #30 motion, Nutra Food shall join any third-party defendant on or before 5/16/2024, or else file a status report by the same date regarding the third-party defendant issue. Signed by Judge J. Nicholas Ranjan on 4/16/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
April 15, 2024 Filing 30 Unopposed MOTION to Continue APRIL 26, 2024 CASE MANAGEMENT CONFERENCE AND DEADLINE FOR FILING RULE 26(f) REPORT OF THE PARTIES AND ADR STIPULATION by NUTRA FOOD INGREDIENTS, LLC. (Attachments: #1 Proposed Order) (Butcher, Joseph)
April 12, 2024 Opinion or Order Filing 29 ORDER re #27 Motion to Dismiss. Third-party Plaintiff Nutra Food Ingredients, LLC shall file a brief in response to the #27 motion on or before 4/26/2024; AusVita's reply brief due by 5/3/2024. No brief shall exceed 10 pages in length. Signed by Judge J. Nicholas Ranjan on 4/12/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smt)
April 11, 2024 Filing 28 BRIEF in Support re #27 MOTION re #8 Third Party Complaint, , filed by AUSVITA NUTRITION, INC.. (Attachments: #1 Exhibit A- Original Complaint, #2 Exhibit B Notice of Removal, #3 Exhibit C 3rd Party Complaint) (Koschineg, Ernest) Modified text on 4/12/2024. (bjr)
April 11, 2024 Filing 27 MOTION to Dismiss for Failure to State a Claim re #8 Third Party Complaint, filed by NUTRA FOOD INGREDIENTS, LLC by AUSVITA NUTRITION, INC. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service COS, #3 Proposed Order re MTD) (Koschineg, Ernest) Modified text on 4/24/2024. (kss)
April 1, 2024 Filing 26 Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by AUSVITA NUTRITION, INC.. (Koschineg, Ernest)
March 28, 2024 Filing 25 Proposed Rule 26(f) report. (pak)
March 28, 2024 Opinion or Order Filing 24 CASE MANAGEMENT ORDER: Rule 26 Meeting Report and Stipulation Selecting ADR Process due by 4/16/2024. A Telephonic Initial Case Management Conference is set for 4/26/2024 at 9:30 a.m. before Judge J. Nicholas Ranjan. The dial-in information is as follows: 412-547-0144, with an access code of 257207157#. Signed by Judge J. Nicholas Ranjan on 3/28/2024. (pak)
March 27, 2024 Filing 23 ANSWER to #7 Crossclaim of Nutra Food Ingredients, LLC by TOTAL FOOD PACKAGING, LLC. (Giunta, John) Modified text on 3/28/2024. (cel)
March 27, 2024 Opinion or Order Filing 22 ORDER granting #13 Motion for William J. Brennan to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 3/27/2024. (pak)
March 26, 2024 Filing 21 Disclosure Statement identifying AIG as corporate parent or other affiliate, declaring citizenship by TALBOT UNDERWRITING LIMITED. (Russell, Thomas)
March 26, 2024 Filing 20 REPLY BRIEF re #9 Motion to Dismiss, #15 Response in Opposition filed by TOTAL FOOD PACKAGING, LLC. (Giunta, John)
March 25, 2024 Filing 19 Disclosure Statement, declaring citizenship by AUSVITA NUTRITION, INC. (Koschineg, Ernest) Modified text on 3/25/2024. (cel)
March 25, 2024 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #19 Disclosure Statement. ERROR: Party did not file disclosure statement identifying citizenship as required pursuant to LR 7.1.A. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 4/1/2024. (cel)
March 22, 2024 Filing 18 NOTICE of Appearance by Ernest F. Koschineg on behalf of AUSVITA NUTRITION, INC.. (Attachments: #1 Certificate of Service COS for EOA) (Koschineg, Ernest)
March 21, 2024 Filing 17 Stipulation for Extension of Time to Answer by NUTRA FOOD INGREDIENTS, LLC Answer due from AUSVITA NUTRITION, INC. on 4/11/2024. (Butcher, Joseph)
March 21, 2024 Filing 16 SUMMONS/Return of Service Returned Executed by NUTRA FOOD INGREDIENTS, LLC. AUSVITA NUTRITION, INC. served on 3/13/2024, answer due 4/3/2024. (Butcher, Joseph)
March 21, 2024 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #14 Notice of Appearance. ERROR: Party did not file disclosure statement identifying both all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public AND citizenship as required pursuant to both LR 7.1.A and FRCvP 7.1(a)(2). CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 3/28/2024. (cel)
March 19, 2024 Filing 15 RESPONSE IN OPPOSITION to #9 Motion to Dismiss, filed by TALBOT UNDERWRITING LIMITED. (Russell, Thomas)
March 19, 2024 Filing 14 NOTICE of Appearance by Thomas Paul Russell on behalf of TALBOT UNDERWRITING LIMITED. (Russell, Thomas)
March 10, 2024 Filing 13 MOTION for attorney William J. Brennan to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8154711) by TALBOT UNDERWRITING LIMITED. (Attachments: #1 Declaration Decl. in support of William Brennan pro hac vice motion, #2 Exhibit Cert. of Good Standing New York State) (Brennan, William)
March 7, 2024 Opinion or Order Filing 12 ORDER re #9 Motion to Dismiss. Plaintiff shall file a brief in response to the #9 motion on or before 3/21/2024; Total Food's reply brief due by 3/28/2024. No brief shall exceed 5 pages in length. Signed by Judge J. Nicholas Ranjan on 3/7/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
March 7, 2024 Filing 11 Summons Issued as to AUSVITA NUTRITION, INC. (cel)
March 6, 2024 Filing 10 BRIEF in Support re #9 Motion to Dismiss Claim for Attorneys' Fees from Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by TOTAL FOOD PACKAGING, LLC. (Giunta, John)
March 6, 2024 Filing 9 MOTION to Dismiss Claim for Attorneys' Fees from Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) by TOTAL FOOD PACKAGING, LLC. (Attachments: #1 Proposed Order) (Giunta, John)
March 6, 2024 Filing 8 THIRD PARTY COMPLAINT against AUSVITA NUTRITION, INC., filed by NUTRA FOOD INGREDIENTS, LLC. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Summons) (Butcher, Joseph) Modified text on 3/6/2024. (cel)
March 6, 2024 Filing 7 ANSWER to Complaint and Affirmative Defenses, CROSSCLAIM against TOTAL FOOD PACKAGING, LLC by NUTRA FOOD INGREDIENTS, LLC. (Butcher, Joseph)
March 1, 2024 Filing 6 Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by TOTAL FOOD PACKAGING, LLC. (Giunta, John)
March 1, 2024 Filing 4 NOTICE of Appearance by Kerri A. Shimborske on behalf of NUTRA FOOD INGREDIENTS, LLC. (Shimborske, Kerri)
March 1, 2024 Filing 3 NOTICE of Appearance by Christopher T. Yoskosky on behalf of NUTRA FOOD INGREDIENTS, LLC. (Yoskosky, Christopher)
March 1, 2024 Filing 2 Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by NUTRA FOOD INGREDIENTS, LLC. (Butcher, Joseph)
March 1, 2024 Filing 1 NOTICE of Appearance by Joseph F. Butcher on behalf of NUTRA FOOD INGREDIENTS, LLC. (Butcher, Joseph)
February 29, 2024 Filing 5 NOTICE OF REMOVAL from Allegheny County, case number GD-24-001069 with Jury Trial Copies attached: Original Complaint, Proof of Service, exhibits (Filing fee, including Administrative fee, $405, receipt number APAWDC-8137894), filed by TOTAL FOOD PACKAGING, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (cel)
February 29, 2024 Judge J. Nicholas Ranjan added. (cel)

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Plaintiff: TALBOT UNDERWRITING LIMITED
Represented By: Andrew D Shannon
Represented By: John C. Sullivan
Represented By: William Brennan
Represented By: Thomas Paul Russell
Represented By: William J. Brennan
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Other: NUTRA FOOD INGREDIENTS, LLC
Represented By: Christopher T. Yoskosky
Represented By: Kerri A. Shimborske
Represented By: Joseph F. Butcher
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Defendant: TOTAL FOOD PACKAGING, LLC
Represented By: John M. Giunta
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Cross defendant: AUSVITA NUTRITION, INC.
Represented By: David G. Volk
Represented By: Ernest F. Koschineg
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Cross defendant: COLLAGENSEI/GENSEI GLOBAL INDUSTRIES
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