Travelers Home and Marine Insurance Company, The v. Grainger et al
| Larry Grainger, Virginia King and Jerry King |
| Travelers Home and Marine Insurance Company, The |
| 4:2015cv03260 |
| August 17, 2015 |
| US District Court for the District of South Carolina |
| Florence Office |
| Horry |
| Richard M Gergel |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on March 9, 2017. A more recent docket listing may be available from PACER.
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Filing 46
Letter from Bert von Herrmann regarding court protection. (von Herrmann, William)
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Filing 45
SUMMARY JUDGMENT: Summary Judgment is entered in favor of the Plaintiff The Travelers Home and Marine Insurance Company. (prou, )
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Filing 44
ORDER AND OPINION: The Court DENIES Defendants' motion for summary judgment (Dkt. No. #28 ) and GRANTS Plaintiff's motion for summary judgment (Dkt. No. #27 ). Signed by Honorable Richard M Gergel on 1/26/2017.(prou, )
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Filing 42
TEXT ORDER: This matter is before the Court on the parties' joint motion to stay the scheduling order pending resolution of motions for summary judgment. (Dkt. No. 41). Plaintiff and Defendant have each filed motions for summary judgment. (Dkt. Nos. 27, 28). For good cause shown, the scheduling order is stayed pending the resolution of the parties' cross motions for summary judgment. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 11/10/16.(ltap, )
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Filing 41
Joint MOTION to Stay the Scheduling Order Pending Resolution of Motions for Summary Judgment by Travelers Home and Marine Insurance Company, The. Response to Motion due by 11/28/2016. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Davis, William)
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Filing 40
REPLY to Response to Motion re #28 MOTION for Summary Judgment Response filed by Jerry King, Virginia King. (Howe, Gedney)
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Filing 39
RESPONSE in Opposition re #28 MOTION for Summary Judgment Response filed by Travelers Home and Marine Insurance Company, The.Reply to Response to Motion due by 10/24/2016 (Attachments: #1 Exhibit A - SC Traffic Collision Report, #2 Exhibit B - Amendment of Policy Provisions - SC)(Davis, William)
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Filing 38
RESPONSE in Opposition re #27 MOTION for Summary Judgment and Memorandum of Law in Support Response filed by Jerry King, Virginia King.Reply to Response to Motion due by 10/21/2016 (Howe, Gedney)
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Filing 36
ORDER granting #34 Motion for Extension of Time Signed by Honorable Richard M Gergel on 9/28/2016.(prou, )
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Filing 34
Joint MOTION for Extension of Time with Amended Consent Order Extending Time for Responses to Motions for Summary Judgment by Travelers Home and Marine Insurance Company, The. Response to Motion due by 10/14/2016. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Davis, William)
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Filing 33
NOTICE of Request for Protection from Court Appearance by William B von Herrmann for October 5-10, 2016 and October 17-31, 2016 (von Herrmann, William). Modified on 9/15/2016 to replace with corrected document provided by filing user (prou, ).
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Filing 31
TEXT ORDER granting #30 Consent Motion for Extension of Time: Plaintiffs deadline for responding to Defendants Virginia King and Jerry Kings Motion for Summary Judgment is extended to September 30, 2016, and Defendantsdeadline for responding to Plaintiffs Motion for Summary Judgment is also extended to September 30, 2016. ANJD IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 9/9/16.(ltap, )
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Filing 30
Joint MOTION for Extension of Time to Respond to Pending Motions for Summary Judgment by Travelers Home and Marine Insurance Company, The. Response to Motion due by 9/26/2016. (Attachments: #1 Proposed Order Extending Time for Responses to Motions for Summary Judgment)Proposed order is being emailed to chambers with copy to opposing counsel.(Davis, William)
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Filing 28
MOTION for Summary Judgment by Jerry King, Virginia King. Response to Motion due by 9/15/2016. (Attachments: #1 Memo in Support, #2 Exhibit A-Entry No 15 - Joint Federal Rules of Civil Procedure 26(f) Discovery Plan, #3 Exhibit B= 30(b)(6) Deposition of The Travelers Home and Marine Insurance Company)No proposed order.(Howe, Gedney)
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Filing 27
MOTION for Summary Judgment and Memorandum of Law in Support by Travelers Home and Marine Insurance Company, The. Response to Motion due by 9/15/2016. (Attachments: #1 Exhibit A - Receipts, #2 Envelope B - Stipulation, #3 Exhibit C - Affidavits of Wally and Donna Dew, #4 Exhibit D - Travelers Policy, #5 Exhibit E - Excerpts from Brian Theriault's 30(b)(6) Deposition, #6 Exhibit F - Excerpts from Larry J. Grainger's Deposition, #7 Affidavit William P. Davis, #8 Exhibit A - Defendants Virginia and Jerry Kings Responses to Plaintiff's First Requests to Produce)No proposed order.(Davis, William). Modified on 8/30/2016 to replace with corrected document provided by filing user (prou, ).
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Filing 26
TEXT ORDER This matter comes before the Court on Plaintiff's motion for a protective order pursuant to Rule 26 of the Federal Rules of Civil Procedure. (Dkt. No. 24). Defendants seek to depose (1) Brian Therialt, who is the claims representative in the underlying liability claim, and (2) a Rule 30(b)(6) witness regarding, in part, "the meaning of the language of the insurance policy at issue." (Dkt. No. 24-1 at 10). The motion seeks to forbid the depositions, or, in the alternative, limit the scope of the deposition to how the underlying accident occurred. The case before this Court turns on the insurance policy's definition of "any one auto accident." The policy itself does not define the term, and because the term is susceptible to more than one interpretation, the Court finds that an inquiry into extrinsic sources of definition is relevant because it may aid in the contract construction. See Pennsylvania Nat. Mut. Cas. Ins. Co. v. Doscher's Dorchester Rd., Inc., No. CIV.A. 2:11-656, 2012 WL 652638, at *1 (D.S.C. Feb. 28, 2012) (citing several cases). Accordingly, the Court DENIES Plaintiff's motion for a protective order. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 4/25/2016.(sshe, )
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Filing 25
RESPONSE in Opposition re #24 MOTION for Protective Order Response filed by Jerry King, Virginia King.Reply to Response to Motion due by 5/5/2016 (Attachments: #1 Exhibit A - 30(b)(6) Deposition Notice)(Howe, Gedney)
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Filing 24
MOTION for Protective Order by Travelers Home and Marine Insurance Company, The. Response to Motion due by 5/9/2016. (Attachments: #1 Exhibit A - Notice of Taking 30(b)(6) Deposition of The Travelers Home and Marine Insurance Company, #2 Exhibit B - 04/15/16 letter to Gedney M. Howe, III, #3 Exhibit C - Order of The Honorable David C. Norton)No proposed order.(Davis, William)
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Filing 23
TEXT ORDER granting #20 Motion to Amend/Correct Signed by Honorable Richard M Gergel on 4/20/2016.(prou, )
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Filing 22
AMENDED CONFERENCE AND SCHEDULING ORDER: Plaintiffs ID of Expert Witness due by 5/16/2016, Defendants ID of Expert Witnesses Due by 6/16/2016, Records Custodian Affidavit due by 6/16/2016, Discovery due by 8/12/2016, Motions due by 8/29/2016, Rule 26(a)(3) Disclosures due by 11/10/2016. Motions in limine must be filed no later than fifteen (15) business days prior to jury selection. Parties shall furnish the Court and serve pretrial briefs five (5) business days prior to the date set for jury selection. This case is subject to being called for jury selection and/or trial on or after January 1, 2017. Signed by Honorable Richard M Gergel on 4/20/2016. (prou, )
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Filing 21
ORDER TO CONDUCT MEDIATION: Mediation Due by 9/12/2016, Signed by Honorable Richard M Gergel on 4/20/2016. (prou, )
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Filing 20
MOTION to Amend/Correct #12 Conference and Scheduling Order by Travelers Home and Marine Insurance Company, The. Response to Motion due by 5/2/2016. (Attachments: #1 Proposed Order Amend Conference and Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Davis, William) Modified on 4/15/2016 to replace with corrected documents as provided by filing user and to link correct event to associated event (prou, ).
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Filing 19
Case Reassigned to Judge Honorable Richard M Gergel. Judge Honorable R Bryan Harwell no longer assigned to the case. (glev, )
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Filing 18
Local Rule 26.03 Answers to Interrogatories by Larry Grainger.(von Herrmann, William)
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Filing 17
Local Rule 26.03 Answers to Interrogatories by Travelers Home and Marine Insurance Company, The.(Davis, William)
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Filing 16
Local Rule 26.03 Answers to Interrogatories by Jerry King, Virginia King.(Howe, Gedney)
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Filing 15
Joint Federal Rules of Civil Procedure Rule 26 Outline of Discovery Plan by Travelers Home and Marine Insurance Company, The.(Davis, William)
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Filing 14
Joint Rule 26(f) Report by Travelers Home and Marine Insurance Company, The.(Davis, William)
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Filing 13
ANSWER to Counterclaim #8 of Virginia King and Jerry King by Travelers Home and Marine Insurance Company, The.(Davis, William)
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Filing 12
CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 1/5/2016, 26(a) Initial Disclosures due by 1/19/2016, Rule 26 Report due by 1/19/2016, Motions to Amend Pleadings due by 3/15/2016, Plaintiffs ID of Expert Witness due by 4/14/2016, Defendants ID of Expert Witnesses Due by 5/16/2016, Records Custodian Affidavit due by 5/16/2016, Discovery due by 7/13/2016, Motions due by 7/28/2016, Rule 26(a)(3) Disclosures due by 10/11/2016, ADR Statement due by 8/26/2016, Mediation Due by 9/26/2016. Motions in limine must be filed at least three weeks prior to the date set for trial. Responses to motions in limine shall be filed within seven (7) days after the motion is filed. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for trial. This case is subject to being called for trial on or after 12/5/2016. Signed by the Honorable R. Bryan Harwell on 12/16/2015. (hcic, )
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Filing 11
Local Rule 26.01 Answers to Interrogatories by Larry Grainger. (Attachments: #1 Certificate of Service)(von Herrmann, William)
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Filing 10
ANSWER to #1 Complaint by Larry Grainger. (Attachments: #1 Certificate of Service)(von Herrmann, William)
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Filing 9
Local Rule 26.01 Answers to Interrogatories by Jerry King, Virginia King.(Howe, Gedney)
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Filing 8
ANSWER to #1 Complaint , COUNTERCLAIM against Travelers Home and Marine Insurance Company, The by Virginia King, Jerry King.(Howe, Gedney)
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Filing 7
WAIVER OF SERVICE by Travelers Home and Marine Insurance Company, The. Larry Grainger waiver executed on 10/28/2015, answer due 12/29/2015. (Attachments: #1 Waiver of the Service of Summons by Larry Grainger)(Davis, William)
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Filing 6
WAIVER OF SERVICE by Travelers Home and Marine Insurance Company, The. Virginia King waiver executed on 10/28/2015, answer due 12/29/2015. (Davis, William) (Main Document 6 replaced replaced on 12/2/2015 with corrected document provided by filer) (hcic, ).
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Filing 5
WAIVER OF SERVICE by Travelers Home and Marine Insurance Company, The. Jerry King waiver executed on 10/28/2015, answer due 12/29/2015. (Davis, William) (Main Document 5 replaced on 12/2/2015 with corrected document provided by filer) (hcic, ).
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Filing 4
Summons Issued as to Larry Grainger, Jerry King, Virginia King. Service due by 12/18/2015. (hcic, )
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Filing 3
Local Rule 26.01 Answers to Interrogatories by Travelers Home and Marine Insurance Company, The. (hcic, )
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Filing 1
COMPLAINT against Larry Grainger, Jerry King, Virginia King (filing fee $400 receipt number 0420-6107907), filed by Travelers Home and Marine Insurance Company, The. (Attachments: #1 Exhibit A - Certified Policy (Larry Grainger)) (hcic, )
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