BASF Corporation v. AIU Insurance Company et al
| BASF Corporation |
| AIU Insurance Company, Allianz Global Risk US Insurance Company, Allianz Versicherungs-AG, Allstate Insurance Company, AXA Group AG, AXA Insurance Company, Employers Mutual Casualty Company, First State Insurance Company, Granite State Insurance Company, HDI Global Insurance Company, HDI Global SE, Insco Ltd, Insurance Company of North America, Insurance Company of the State of Pennsylvania, Interstate Fire & Casualty Company, National Union Fire Insurance Company of Pittsburgh PA, New England Insurance Company, RSA Insurance Group Limited, TIG Insurance Company, Travelers Casualty & Surety Company, Twin City Fire Insurance Company, Westport Insurance Corporation and Zurich Insurance Group Ltd |
| 2:2024cv00993 |
| February 27, 2024 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on April 26, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 47 NOTICE of Appearance by Michael Conrad Bunda on behalf of AIU Insurance Company (Bunda, Michael) |
| Filing 46 NOTICE of Appearance by Evan Markus Gessner on behalf of AIU Insurance Company (Gessner, Evan) |
| Filing 45 MOTION to Dismiss by Allianz Global Risk US Insurance Company. Response to Motion due by 5/8/2024. 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.(MacKelcan, Douglas) |
| Filing 44 Local Rule 26.01 Answers to Interrogatories by TIG Insurance Company.(McBratney, James) |
| Filing 43 MOTION to Dismiss and Joinder in Co-Defendant Insurers' Motions to Dismiss by TIG Insurance Company. Response to Motion due by 5/8/2024. 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.(McBratney, James) |
| Filing 42 MOTION for Joinder by First State Insurance Company, New England Insurance Company, Twin City Fire Insurance Company. Response to Motion due by 5/8/2024. 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.(Willis, Mary) |
| Filing 41 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, Lack of Personal Jurisdiction, Improper Venue, and Failure to State a Claim by AIU Insurance Company, Granite State Insurance Company, Insurance Company of the State of Pennsylvania, National Union Fire Insurance Company of Pittsburgh PA. Response to Motion due by 5/8/2024. 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 Appendix A - AIG Policies, #3 Supporting Documents Declaration of Christian Stegmaier, #4 Exhibit A - NJ Complaint, #5 Exhibit B - NY Complaint, #6 Exhibit C - NY Notice of Removal, #7 Exhibit D - Notice of Potential Tag Along, #8 Exhibit E - 2024-03-28 2470 CTO-180, #9 Exhibit F - 2024-04-19 2566 Motion to Vacate CTO, #10 Exhibit G - 2024-03-13 - Motion to Remand, #11 Exhibit H - 2024-03-13 - Insurer MOL ISO Motion to Remand, #12 Exhibit I - 2024-03-13 - BASF Motion to Stay, #13 Exhibit J - BASF Memo Supp. Stay, #14 Exhibit K - AIU 10502 - 1978-1979)No proposed order.(Stegmaier, Christian) |
| Filing 40 NOTICE of Appearance by Douglas Walker MacKelcan, III on behalf of Allianz Global Risk US Insurance Company, Allianz Versicherungs-AG, Interstate Fire & Casualty Company (MacKelcan, Douglas) |
| Filing 39 Local Rule 26.01 Answers to Interrogatories by Allstate Insurance Company.(Mastrianni, Carmela) |
| Filing 38 Additional Attachments to Main Document #37 MOTION to Dismiss . First attachment description: Memorandum of Law in Support of Motion to Dismiss . (Attachments: #1 Affidavit Affidavit of Stefano V. Calogero, #2 Exhibit Exhibit A - New York Complaint, #3 Exhibit Exhibit B - New Jersey Complaint, #4 Exhibit Exhibit C- Allstate's New Jersey Answer, #5 Exhibit Exhibit D - CIBA-GEIGY Insurance Coverage, #6 Exhibit Exhibit E - Syngenta Complaint, #7 Exhibit Exhibit F - CIBA-GEIGY Manuscript Policy)(Mastrianni, Carmela) |
| Filing 37 MOTION to Dismiss by Allstate Insurance Company. Response to Motion due by 5/8/2024. 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.(Mastrianni, Carmela) Modified on 4/25/2024 to reference #38 Additional Attachments filed 4/24/2024(sshe, ). |
| Filing 36 MOTION for Joinder to Co-Defendants' Motions to Dismiss by Westport Insurance Corporation. Response to Motion due by 5/8/2024. 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 Affidavit of Julie Manello, #2 Exhibit A to Manello Affidavit, #3 Exhibit B to Manello Affidavit)No proposed order.(Cooke, Morris) |
| Filing 35 ANSWER to #1 Complaint and Affirmative Defenses by Travelers Casualty & Surety Company.(O'Neill, Mary) |
| Filing 34 MOTION to Dismiss for Lack of Jurisdiction or, MOTION to Transfer Case ( Response to Motion due by 5/8/2024. 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. ) by AXA Insurance Company. (Attachments: #1 Exhibit A - Notice of Removal and Complaint in NY Action, #2 Exhibit B - Notice of Motion to Remand (New York Action), #3 Exhibit C - Complaint in New Jersey Action)No proposed order.(Holmes, Janice) |
| Filing 32 TEXT ORDER granting #24 Motion of Gavin J. Rooney to Appear Pro Hac Vice for BASF Corporation. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 4/23/2024.(sshe, ) |
| Filing 31 TEXT ORDER granting #23 Motion of Rasmeet K. Chahil to Appear Pro Hac Vice for BASF Corporation. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 4/23/2024.(sshe, ) |
| Filing 30 NOTICE of Appearance by Mary Skahan Willis on behalf of First State Insurance Company, New England Insurance Company, Twin City Fire Insurance Company (Willis, Mary) |
| Filing 29 NOTICE of Appearance by R Michael Ethridge on behalf of First State Insurance Company, New England Insurance Company, Twin City Fire Insurance Company (Ethridge, R) |
| Filing 27 NOTICE of Voluntary Dismissal by BASF Corporation /Notice of Voluntary Dismissal Without Prejudice as to Defendants Insurance Company of North America and RSA Insurance Group Limited (Kimball, David) |
| Filing 26 SUMMONS Returned Executed by BASF Corporation. AXA Insurance Company served on 3/22/2024, answer due 4/12/2024; HDI Global Insurance Company served on 3/20/2024, answer due 4/10/2024; Insco Ltd served on 4/4/2024, answer due 4/29/2024. (Attachments: #1 Exhibit 1- Fedex delivery confirmation for service on HDI Global Insurance Company, #2 Exhibit 2 - Fedex delivery confirmation for service on AXA Insurance Company, #3 Exhibit 3 - USPS certified green card for service in INSCO Ltd.)(Kimball, David) |
| Filing 25 SUMMONS Returned Executed by BASF Corporation. /Affidavit of Service on a Corporation Insco Ltd served on 4/8/2024, answer due 4/29/2024. (Kimball, David) |
| Filing 24 MOTION to Appear Pro Hac Vice by Gavin J. Rooney ( Filing fee $ 350 receipt number ASCDC-11706743) by BASF Corporation. Response to Motion due by 4/26/2024. 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 Certificate of Good Standing - Rooney, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Kimball, David) |
| Filing 23 MOTION to Appear Pro Hac Vice by Rasmeet K. Chahil ( Filing fee $ 350 receipt number ASCDC-11704366) by BASF Corporation. Response to Motion due by 4/25/2024. 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 Certificate of Good Standing, #2 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Kimball, David) |
| Filing 22 SUMMONS Returned Executed by BASF Corporation. RSA Insurance Group Limited served on 3/26/2024, answer due 4/16/2024. (Kimball, David) |
| Filing 21 Letter from J. Thomas McBratney, III. (McBratney, James) |
| Filing 20 Letter from Plaintiff BASF Corporation. (Attachments: #1 Proposed Order Exhibit A - Proposed Order, #2 Exhibit Exhibit B- Emails)(Kimball, David) |
| Filing 19 TEXT ORDER granting #17 Motion to Appear Pro Hac Vice re Timothy J. Fagan for TIG Insurance Company. Entered at the direction of Honorable Richard M Gergel on 04/05/2024.(hcor, ) |
| Filing 18 TEXT ORDER granting #16 Motion to Appear Pro Hac Vice re Katie A. Irvine Falkenberg for TIG Insurance Company. Entered at the direction of Honorable Richard M Gergel on 04/05/2024.(hcor, ) |
| Filing 17 MOTION to Appear Pro Hac Vice by J. Thomas McBratney, III for Timothy J. Fagan ( Filing fee $ 350 receipt number ASCDC-11688428) by TIG Insurance Company. Response to Motion due by 4/17/2024. 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 Exhibit 1 - Pro Hac Vice Application, #2 Exhibit 2 - Letter in Good Standing)No proposed order.(McBratney, James) |
| Filing 16 MOTION to Appear Pro Hac Vice by J. Thomas McBratney, III for Katie A. Irvine Falkenberg ( Filing fee $ 350 receipt number ASCDC-11688395) by TIG Insurance Company. Response to Motion due by 4/17/2024. 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 Exhibit 1 - Pro Hac Vice Application, #2 Exhibit 2 - Letter in Good Standing)No proposed order.(McBratney, James) |
| Filing 15 Summons Issued as to Insco Ltd. (hcor, ) |
| Filing 14 LETTER EXTENDING TIME TO ANSWER TIG Insurance Company answer due 4/24/2024. (McBratney, James) |
| Filing 13 NOTICE of Appearance by James Thomas McBratney, III on behalf of TIG Insurance Company (McBratney, James) |
| Filing 12 NOTICE of Appearance by Wesley Brian Sawyer on behalf of TIG Insurance Company (Sawyer, Wesley) |
| Filing 11 Summons Issued as to AXA Insurance Company. (hcor, ) |
| Filing 10 SUMMONS Returned Executed by BASF Corporation. AIU Insurance Company served on 3/13/2024, answer due 4/3/2024; AXA Insurance Company served on 3/13/2024, answer due 4/3/2024; Allianz Global Risk US Insurance Company served on 3/13/2024, answer due 4/3/2024; Allstate Insurance Company served on 3/13/2024, answer due 4/3/2024; Employers Mutual Casualty Company served on 3/13/2024, answer due 4/3/2024; First State Insurance Company served on 3/13/2024, answer due 4/3/2024; Granite State Insurance Company served on 3/13/2024, answer due 4/3/2024; Insurance Company of North America served on 3/13/2024, answer due 4/3/2024; Insurance Company of the State of Pennsylvania served on 3/13/2024, answer due 4/3/2024; Interstate Fire & Casualty Company served on 3/13/2024, answer due 4/3/2024; National Union Fire Insurance Company of Pittsburgh PA served on 3/13/2024, answer due 4/3/2024; New England Insurance Company served on 3/13/2024, answer due 4/3/2024; TIG Insurance Company served on 3/13/2024, answer due 4/3/2024; Travelers Casualty & Surety Company served on 3/13/2024, answer due 4/3/2024; Twin City Fire Insurance Company served on 3/13/2024, answer due 4/3/2024; Westport Insurance Corporation served on 3/13/2024, answer due 4/3/2024. (Attachments: #1 Exhibit Ex. 1 - Delivery Confirmation for First State Ins. Co. co SC Secy of State, #2 Exhibit Ex. 2 - Delivery Confirmation for AIU Ins. Co co SC Dept of Ins, #3 Exhibit Ex. 3 - Delivery Confirmation for Allianz Global Risk US Ins. Co co SC Dept of Ins, #4 Exhibit Ex. 4 - Delivery Confirmation for Allstate Ins. Co co SC Dept fo Ins., #5 Exhibit Ex. 5 - Delivery Confirmation for AXA Ins. Co co SC Dept fo Ins., #6 Exhibit Ex. 6 - Delivery Confirmation for Employers Mutual Cas Co co SC Dept fo Ins., #7 Exhibit Ex. 7 - Delivery Confirmation for First State Ins. Co. co SC Dept fo Ins., #8 Exhibit Ex. 8 - Delivery Confirmation for Granite State Ins. Co co SC Dept fo Ins., #9 Exhibit Ex. 9 - Delivery Confirmation for Ins Co. of N. America co SC Dept fo Ins., #10 Exhibit Ex. 10 - Delivery Confirmation for Interstate Fire and Cas. Co co SC Dept fo Ins., #11 Exhibit Ex. 11 - Delivery Confirmation for New England Ins. Co co SC Dept fo Ins., #12 Exhibit Ex. 12 - Delivery Confirmation for TIG Ins. Co co SC Dept fo Ins., #13 Exhibit Ex. 13 - Delivery Confirmation for Travelers Cas. and Surety Co co SC Dept fo Ins., #14 Exhibit Ex. 14 - Delivery Confirmation for Twin City Fire Ins. Co co SC Dept fo Ins., #15 Exhibit Ex. 15 - Delivery Confirmation for Westport Insurance Corporation, #16 Exhibit Ex. 16 - Delivery Confirmation for First State Ins. Co. co Officer-Director-Agent, #17 Exhibit Ex. 17 - Delivery Confirmation for Natl Union Fire Ins. Co. ofo Pgh PA co SC Dept of Ins., #18 Exhibit Ex. 18 - Delivery Confirmation for Ins. Co. for State of Pa.)(Kimball, David) |
| Filing 9 Summons Issued as to All Defendants. (hcor, ) |
| Filing 7 TEXT ORDER granting #4 Motion of Lynda A. Bennett, #5 Motion of Heather A. Weaver, and #6 Motion of Eric Jesse, to Appear Pro Hac Vice for BASF Corporation. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 3/11/2024.(sshe, ) |
| Filing 6 MOTION to Appear Pro Hac Vice by Eric Jesse ( Filing fee $ 350 receipt number ASCDC-11637256) by BASF Corporation. Response to Motion due by 3/22/2024. 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 Affidavit Affidavit for Pro Hac Vice Admisson of Eric Jesse, #2 Jesse Certificate of Good Standing from State of New Jersey, #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Kimball, David) |
| Filing 5 MOTION to Appear Pro Hac Vice by Heather A. Weaver ( Filing fee $ 350 receipt number ASCDC-11637215) by BASF Corporation. Response to Motion due by 3/22/2024. 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 Affidavit Affidavit for Pro Hac Vice Admission of Heather A. Weaver, #2 Weaver Certificate of Good Standing from State of New Jersey, #3 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Kimball, David) |
| Filing 4 MOTION to Appear Pro Hac Vice by Lynda A. Bennett ( Filing fee $ 350 receipt number ASCDC-11637138) by BASF Corporation. Response to Motion due by 3/22/2024. 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 Affidavit Affidavit for Pro Hac Vice Admission of Lynda A. Bennett, #2 Bennett Certificate of Good Standing from New Jersey, #3 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Kimball, David) |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by BASF Corporation.(sshe, ) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ASCDC-11617616.), filed by BASF Corporation. Service due by 5/28/2024(sshe, ) |
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