Church Creek Construction LLC et al v. Mt Hawley Insurance Company et al
| Christopher Mims, Lavonia Mitchell, Norma F Callen, Church Creek Construction LLC, Joshua Sears, Kevin Molony, Mepkin Place Homeowners Association LLC, Andrew Blalock, Farzan Soodavar, Ben Yaschik, Mary Gray, Eric Crotts, Patrick J Mallard, Robert P Ledford, Jr, Jane F Mitchell, Nicholas Hargreaves, Linda McMillan, Avina Adamivat, Julius McMillan, Martin Yaschik, S Emory Bull Hiott, Kelly Blalock, Larry Elsey and Stephanie Slan |
| Insurance Office of America Inc, Wood Special Risk Brokers LLC and Mt Hawley Insurance Company |
| 2:2019cv01877 |
| July 1, 2019 |
| US District Court for the District of South Carolina |
| David C Norton |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 36 REPLY to Response to Motion re (30 in 2:19-cv-01877-DCN, 33 in 2:19-cv-01878-DCN, 158 in 2:17-cv-01339-DCN) MOTION to Amend/Correct (28 in 2:19-cv-01877-DCN, 28 in 2:19-cv-01877-DCN, 28 in 2:19-cv-01877-DCN, 28 in 2:19-cv-01877-DCN, 151 in 2:17-cv-01339-DCN, 151 in 2:17-cv-01339-DCN, 151 in 2:17-cv-01339-DCN, 151 in 2:17-cv-01339-DCN, 31 in 2:19-cv-01878-D Response filed by Mepkin Place Homeowners Association LLC. Associated Cases: 2:17-cv-01339-DCN, 2:19-cv-01877-DCN, 2:19-cv-01878-DCN(Howe, Gedney) |
Filing 35
ORDER granting #34 Motion for Extension of Time to File Response/Reply re #30 MOTION to Amend/Correct Order on Motion for Judgment on the Pleadings,,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,, by Mepkin Place Homeowners Association LLC. Replies due by 6/30/2020. Signed by Honorable David C Norton on 5/7/2020.(jbry, )
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| Filing 34 MOTION for Extension of Time to File Response/Reply as to #31 Response in Opposition to Motion, by Mepkin Place Homeowners Association LLC. Response to Motion due by 5/19/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Howe, Gedney) |
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Filing 33
ORDER granting #32 Motion for Extension of Time to File Response/Reply re #30 MOTION to Amend/Correct. Plaintiffs' Replies due by 4/17/2020. Signed by Honorable David C Norton on 3/26/2020.(jbry, )
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| Filing 32 Consent MOTION for Extension of Time to File Response/Reply as to #31 Response in Opposition to Motion, by Mepkin Place Homeowners Association LLC. Response to Motion due by 4/8/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Howe, Gedney) |
| Filing 31 RESPONSE in Opposition re #30 MOTION to Amend/Correct (28 in 2:19-cv-01877-DCN, 28 in 2:19-cv-01877-DCN, 28 in 2:19-cv-01877-DCN, 28 in 2:19-cv-01877-DCN, 151 in 2:17-cv-01339-DCN, 151 in 2:17-cv-01339-DCN, 151 in 2:17-cv-01339-DCN, 151 in 2:17-cv-01339-DCN, 31 in 2:19-cv-01878-D Response filed by Mt Hawley Insurance Company.Reply to Response to Motion due by 3/27/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Lyles, Robert) |
| Filing 30 MOTION to Amend/Correct (28 in 2:19-cv-01877-DCN, 28 in 2:19-cv-01877-DCN, 28 in 2:19-cv-01877-DCN, 28 in 2:19-cv-01877-DCN, 151 in 2:17-cv-01339-DCN, 151 in 2:17-cv-01339-DCN, 151 in 2:17-cv-01339-DCN, 151 in 2:17-cv-01339-DCN, 31 in 2:19-cv-01878-DCN, 31 in 2:19-cv-01878-DCN, 31 in 2:19-cv-01878-DCN, 31 in 2:19-cv-01878-DCN) Order on Motion for Judgment on the Pleadings,,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,, by Mepkin Place Homeowners Association LLC. Response to Motion due by 3/20/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.Associated Cases: 2:17-cv-01339-DCN, 2:19-cv-01877-DCN, 2:19-cv-01878-DCN(Howe, Gedney) |
| Filing 29 CONSENT ORDER DISMISSING CASE Signed by Honorable David C Norton on 3/5/2020. (jbry, ) |
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Filing 28
ORDER granting (106) Motion for Judgment on the Pleadings; granting (107) Motion for Judgment on the Pleadings in case 2:17-cv-01339-DCN; granting (10) Motion to Dismiss for Failure to State a Claim in case 2:19-cv-01877-DCN; granting (15) Motion to Dismiss for Failure to State a Claim in case 2:19-cv-01878-DCN. The court continues to take under advisement ECF Nos. 7 and 21 in 19-cv-1877 and ECF Nos. 8 and 23 in 19-cv-1878. Signed by Honorable David C Norton on 2/10/2020.Associated Cases: 2:17-cv-01339-DCN, 2:19-cv-01877-DCN, 2:19-cv-01878-DCN(jbry, )
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| Filing 27 TEXT ORDER granting protection from court appearances to Allen Leland DuPre for 4/2-14/2020. Signed by Honorable David C Norton on 12/5/2019. (eric, ) |
| Filing 26 Minute Entry. Proceedings held before Honorable David C Norton: Motion Hearing held on 11/18/2019 taking under advisement (106) Motion for Judgment on the Pleadings; taking under advisement (107) Motion for Judgment on the Pleadings; finding as moot (119) Motion to Compel in case 2:17-cv-01339-DCN; taking under advisement (7) Motion to Dismiss for Failure to State a Claim; taking under advisement (10) Motion to Dismiss for Failure to State a Claim; taking under advisement (21) Motion to Dismiss for Failure to State a Claim in case 2:19-cv-01877-DCN; taking under advisement (8) Motion to Dismiss for Failure to State a Claim; taking under advisement (15) Motion to Dismiss for Failure to State a Claim; taking under advisement (23) Motion to Dismiss for Failure to State a Claim in case 2:19-cv-01878-DCN; the Court will issue an order. Court Reporter Karen Martin. Associated Cases: 2:17-cv-01339-DCN, 2:19-cv-01877-DCN, 2:19-cv-01878-DCN(cmur, ) |
| Filing 25 NOTICE OF RESCHEDULED HEARING on Motions #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for Wednesday, 11/6/2019 at 11:00 AM cancelled and rescheduled to: Motion Hearing set for Monday, 11/18/2019 at 11:00 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. (jbry, ) |
| Filing 24 RESPONSE in Opposition re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Avina Adamivat, Andrew Blalock, Kelly Blalock, Norma F Callen, Church Creek Construction LLC, Eric Crotts, Larry Elsey, Mary Gray, Nicholas Hargreaves, S Emory Bull Hiott, Robert P Ledford, Jr, Patrick J Mallard, Julius McMillan, Linda McMillan, Mepkin Place Homeowners Association LLC, Christopher Mims, Jane F Mitchell, Lavonia Mitchell, Kevin Molony, Joshua Sears, Stephanie Slan, Farzan Soodavar, Ben Yaschik, Martin Yaschik.Reply to Response to Motion due by 10/18/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Howe, Gedney) |
| Filing 23 NOTICE of Hearing on Motions #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for Wednesday, 11/6/2019 at 11:00 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. (jbry, ) |
| Filing 22 REPLY to Response to Motion re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Mt Hawley Insurance Company. (Lyles, Robert) |
| Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Wood Special Risk Brokers LLC. Response to Motion due by 10/11/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.(Maluchnik, Crystal) |
| Filing 20 RESPONSE in Opposition re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Mepkin Place Homeowners Association LLC.Reply to Response to Motion due by 10/3/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - Excerpt from letter to brokers)(Howe, Gedney) |
| Filing 19 RESPONSE in Opposition re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Mepkin Place Homeowners Association LLC.Reply to Response to Motion due by 10/3/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - Letters to Lyles & Associates and Hood Law Firm, #2 Exhibit B - Mt. Hawley Insurance Policy and Evanston Insurance Policy)(Howe, Gedney) |
| Filing 18 TEXT ORDER granting #17 Motion for Extension of Time. Defendant Wood Special Risk Brokers, LLC shall have until September 27, 2019 to answer or otherwise plead to plaintiff's complaint. Signed by Honorable David C Norton on 9/9/2019.(eric, ) |
| Filing 17 Consent MOTION for Extension of Time to move, answer, or otherwise plead by Wood Special Risk Brokers LLC. Response to Motion due by 9/20/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Horton, Greg) |
| Filing 16 LETTER EXTENDING TIME TO ANSWER Wood Special Risk Brokers LLC answer due 9/5/2019. (Maluchnik, Crystal) |
| Filing 15 TEXT ORDER granting #13 Motion for Extension of Time to File Response/Reply re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response to Motion due by 9/26/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Honorable David C Norton on 8/14/2019.(eric, ) |
| Filing 14 TEXT ORDER granting #12 Motion for Extension of Time to File Response/Reply re #13 MOTION for Extension of Time to File Response/Reply as to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #12 MOTION for Extension of Time to File Response/Reply as to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response to Motion due by 9/26/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Honorable David C Norton on 8/8/2019.(eric, ) |
| Filing 13 MOTION for Extension of Time to File Response/Reply as to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mepkin Place Homeowners Association LLC. Response to Motion due by 8/21/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Howe, Gedney) |
| Filing 12 MOTION for Extension of Time to File Response/Reply as to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mepkin Place Homeowners Association LLC. Response to Motion due by 8/21/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Howe, Gedney) |
| Filing 11 SUMMONS Returned Executed by Mepkin Place Homeowners Association LLC. All Defendants. (Attachments: #1 Exhibit A - Ltr to Mt. Hawley Insurance Company serving Summons, Complaint and Answers to Rule 26.01 Interrogatories, #2 Exhibit B - Ltr to Insurance Office of America, Inc. serving Summons, Complaint and Answers to 26.01 Interrogatories, #3 Exhibit C - Ltr to Wood Special Risk Brokers LLC serving Summons, Complaint and Answers to 26.01 Interrogatories)(Howe, Gedney) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mt Hawley Insurance Company. Response to Motion due by 8/12/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(DuPre, Allen) |
| Filing 9 NOTICE of Appearance by Michael BT Wilkes on behalf of Insurance Office of America Inc (Wilkes, Michael) |
| Filing 8 Local Rule 26.01 Answers to Interrogatories by Insurance Office of America Inc.(Atkinson, Charles) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Insurance Office of America Inc. Response to Motion due by 8/9/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A to Brief - Second Amended Complaint, filed in 2:17-cv-01339-DCN)No proposed order.(Atkinson, Charles) Modified on 7/29/2019 to add description to exhibit (jbry, ). |
| Filing 6 NOTICE of Appearance by Charles Daniel Atkinson on behalf of Insurance Office of America Inc (Atkinson, Charles) |
| Filing 5 Summons Reissued as to Wood Special Risk Brokers LLC. (jbry, ) |
| Filing 3 Summons Issued as to All Defendants. (jbry, ) |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Avina Adamivat, Andrew Blalock, Kelly Blalock, Norma F Callen, Eric Crotts, Mary Gray, Nicholas Hargreaves, S Emory Bull Hiott, Robert P Ledford, Jr, Patrick J Mallard, Julius McMillan, Linda McMillan, Mepkin Place Homeowners Association LLC, Christopher Mims, Jane F Mitchell, Lavonia Mitchell, Joshua Sears, Stephanie Slan, Farzan Soodavar, Ben Yaschik, Martin Yaschik.(jbry, ) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0420-8534695.), filed by Martin Yaschik, Patrick J Mallard, Mepkin Place Homeowners Association LLC, Linda McMillan, Andrew Blalock, Stephanie Slan, Kelly Blalock, Norma F Callen, Jane F Mitchell, Mary Gray, Eric Crotts, Nicholas Hargreaves, Ben Yaschik, Robert P Ledford, Jr, Julius McMillan, Lavonia Mitchell, Farzan Soodavar, Joshua Sears, Avina Adamivat, S Emory Bull Hiott, Christopher Mims. Service due by 9/30/2019 (Attachments: #1 Exhibit A - Order of Judgment, #2 Exhibit B - Assignment of Claims Agreement, #3 Exhibit C - insurance declaration pages and insuring agreements, #4 Exhibit D - Ltr to counsel for Mt. Hawley)(jbry, ) |
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