NGM Insurance Company v. Vyking Enterprises Inc et al
Plaintiff: NGM Insurance Company
Defendant: Hunter Development Corporation, Vyking Enterprises Inc, Briarcliff Waterfront Villas HOA Inc, Waterfront Development LLC, Viking Builders Inc and Jeffrey W Tuton
Case Number: 4:2021cv03101
Filed: September 24, 2021
Court: US District Court for the District of South Carolina
Presiding Judge: Sherri A Lydon
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 2, 2021 Filing 8 WAIVER OF SERVICE by NGM Insurance Company. Hunter Development Corporation waiver executed on 10/15/2021, answer due 12/14/2021; Jeffrey W Tuton waiver executed on 10/15/2021, answer due 12/14/2021; Waterfront Development LLC waiver executed on 10/15/2021, answer due 12/14/2021. (Attachments: #1 Exhibit Executed Waiver of Service of Summons for Waterfront Development LLC, Hunter Development Corporation fka Viking Builders Inc. and Jeffrey W. Tuton)(Johnsen, Jennifer)
October 27, 2021 Filing 7 SUMMONS Returned Executed by NGM Insurance Company. Vyking Enterprises Inc served on 10/21/2021, answer due 11/12/2021. (Attachments: #1 Exhibit Affidavit of Service upon Vyking Enterprises, Inc.)(Johnsen, Jennifer)
October 12, 2021 Filing 6 WAIVER OF SERVICE by NGM Insurance Company. Briarcliff Waterfront Villas HOA Inc waiver executed on 10/11/2021, answer due 12/10/2021. (Attachments: #1 Exhibit 1) Executed Waiver of Service of Summons by Briarcliff Waterfront Villas HOA Inc.)(Johnsen, Jennifer)
September 28, 2021 Filing 5 AMENDED COMPLAINT (Declaratory Judgment) against All Defendants, filed by NGM Insurance Company. Service due by 12/29/2021 (Attachments: #1 Exhibit List of Exhibits, #2 Exhibit A) Copy of the Articles of Organization for Waterfront Development, LLC, #3 Exhibit B) True and accurate copies of the Amended Complaint, Defendant Viking Enterprises, Inc.s Answer to Amended Complaint, Cross Claims against Viking Enterprises, Inc. and Defendant Viking Enterprises, Inc.s Reply to Cross Claims, #4 Exhibit C) Copy of NGM Insurance Company Policy MSJ95067 for the policy period 7/21/2004 to 7/21/2005) (Johnsen, Jennifer)
September 27, 2021 Filing 4 TEXT ORDER - SUBJECT MATTER JURISDICTION: The citizenship allegations in the Complaint are insufficient to establish diversity. Specifically, the states of citizenship of all members of Defendant Waterfront Development, LLC have not been provided. [ECF No. 1 at 5 ("Upon information and belief, Waterfront Development, LLC ('Waterfront Development') is a limited liability corporation organized and existing pursuant to the laws of the [sic] South Carolina with its principal place of business in Horry County, South Carolina.").] For purposes of diversity, this court must consider the citizenship of each member of an LLC. See General Tech. Applications, Inc. v. Exro Ltda, 388 F.3d 114 (4th Cir. 2004); see also Central W. Va. Energy Co. v. Mountain State Carbon, LLC, 636 F.3d 101, 103 (4th Cir. 2011). Therefore, Plaintiff is directed to correct this deficiency no later than October 11, 2021, by filing an Amended Complaint. Failure to comply with this order may result in dismissal without prejudice for want of jurisdiction. Signed by Honorable Sherri A Lydon on 9/27/2021. (mcot, )
September 24, 2021 Filing 3 Local Rule 26.01 Answers to Interrogatories by NGM Insurance Company.(hcic, )
September 24, 2021 Filing 1 COMPLAINT against Briarcliff Waterfront Villas HOA Inc, Hunter Development Corporation, Jeffrey W Tuton, Vyking Enterprises Inc, Waterfront Development LLC (filing fee $402 receipt number 0420-10092099), filed by NGM Insurance Company. Service due by 12/23/2021. (Attachments: #1 List of Exhibits, #2 True and accurate copies of the Amended Complaint, Defendant Viking Enterprises, Inc.s Answer to Amended Complaint, Cross Claims against Viking Enterprises, Inc. and Defendant Viking Enterprises, Inc.s Reply to Cross Claims, #3 Copy of NGM Insurance Company Policy MSJ95067 for the policy period 7/21/2004 to 7/21/2005)(hcic, )

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Defendant: Hunter Development Corporation
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Defendant: Vyking Enterprises Inc
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Defendant: Briarcliff Waterfront Villas HOA Inc
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Defendant: Waterfront Development LLC
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Defendant: Viking Builders Inc
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Defendant: Jeffrey W Tuton
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Plaintiff: NGM Insurance Company
Represented By: Jennifer E Johnsen
Represented By: Natalie Rae Ecker
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