The Cincinnati Insurance Company v. Hunt et al
| The Cincinnati Insurance Company |
| Wayne Hunt, Levi Owens, Maisha Jacobs and Wilmington Shipping Company |
| 4:2024cv00951 |
| February 23, 2024 |
| US District Court for the District of South Carolina |
| Jacquelyn D Austin |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.
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| Filing 57 CONSENT AMENDED SCHEDULING ORDER. Motions to Amend Pleadings due by 6/7/2024, Plaintiffs ID of Expert Witness due by 7/10/2024, Defendants ID of Expert Witnesses Due by 8/9/2024, Records Custodian Affidavit due by 8/9/2024, Discovery due by 10/9/2024, Motions due by 12/13/2024, Bench Trial Deadline 2/11/2025, Mediation Due by 11/8/2024, Rule 56 Conference Deadline 11/15/2024. Signed by the Honorable Jacquelyn D Austin on 4/19/2024. (lgib, ) |
| Filing 56 CERTIFICATE OF SERVICE by Levi Owens (Parker, John) |
| Filing 55 Rule 26 Outline of Discovery Plan by The Cincinnati Insurance Company.(Atkinson, Charles) |
| Filing 54 Rule 26(f) Report by The Cincinnati Insurance Company.(Atkinson, Charles) |
| Filing 53 CERTIFICATE OF SERVICE by The Cincinnati Insurance Company (Peters, Brian) |
| Filing 51 STIPULATION of Dismissal with prejudice as to Maisha Jacobs only by Maisha Jacobs. (Parker, John) |
| Filing 50 NOTICE of Appearance by Ashley Bruce Nance on behalf of Levi Owens (Nance, Ashley) (Main Document 50 replaced on 3/18/2024) (lgib, ). |
| Filing 49 Amended Local Rule 26.01 Answers to Interrogatories by Levi Owens.(Luck, Jason) |
| Filing 48 Local Rule 26.01 Answers to Interrogatories by The Cincinnati Insurance Company.(Atkinson, Charles) |
| Filing 47 CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 4/4/2024, 26(a) Initial Disclosures due by 4/18/2024, Rule 26 Report due by 4/18/2024, Motions to Amend Pleadings due by 5/9/2024, Plaintiffs ID of Expert Witness due by 6/10/2024, Defendants ID of Expert Witnesses Due by 7/10/2024, Records Custodian Affidavit due by 7/10/2024, Discovery due by 9/9/2024, Motions due by 11/8/2024, ADR Statement due by 9/9/2024, Mediation Due by 10/9/2024, Rule 56 Conference Deadline 10/18/2024, Jury Selection Deadline 1/7/2025. Signed by the Honorable Jacquelyn D Austin on 3/14/2024. (hcic, ) |
| Filing 46 Local Rule 26.01 Answers to Interrogatories by Levi Owens.(Luck, Jason) |
| Filing 45 TEXT ORDER denying #39 Defendant Owens's motion to stay. As Plaintiff argues, the instant action is not based upon the contention that Defendant Hunt was not properly served in the underlying state court case. Accordingly, even assuming that Owens is correct regarding what factors the Court should weigh in considering the motion to stay, those factors do not justify a stay here. Signed by the Honorable Jacquelyn D Austin on 3/13/2024. (lgib, ) |
| Filing 43 DEFENDANT'S REPLY MEMORANDUM IN FURTHER SUPPORT OF MOTION TO STAY. Re: #39 MOTION to Stay. Response filed by Levi Owens. (Parker, John) Modified on 3/12/2024 to edit docket text (lgib, ). |
| Filing 42 CERTIFICATE OF SERVICE by The Cincinnati Insurance Company re #41 Response in Opposition to Motion, (Atkinson, Charles) |
| Filing 41 RESPONSE in Opposition re #39 MOTION to Stay Response filed by The Cincinnati Insurance Company.Reply to Response to Motion due by 3/11/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - Motions for Relief from Default Judgment, #2 Exhibit B - Demand for Insurance Policy Payment)(Atkinson, Charles) |
| Filing 40 NOTICE of Appearance by Brian Michael Peters, Jr on behalf of The Cincinnati Insurance Company (Peters, Brian) |
| Filing 39 MOTION to Stay by Levi Owens. Response to Motion due by 3/13/2024. 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 S.C. Traffic Collision Report, #2 Exhibit Motion to Vacate Def. Judgement, #3 Exhibit Affidavit of Mailing)No proposed order.(Parker, John) |
| Filing 38 NOTICE of Appearance by John Elliott Parker, Jr on behalf of Levi Owens (Parker, John) |
| Filing 37 Case transferred in from District of North Carolina Eastern; Case Number 7:22-cv-00189. Original file certified copy of transfer order and docket sheet received. |
Filing 36
ORDER granting in part and denying in part #24 Motion to Dismiss. The motion to dismiss #24 is GRANTED IN PART, the default judgments entered against WSC and Hunt [DE 20; DE 21] are VACATED, and this action is TRANSFERRED to the District of South Carolina. Signed by Chief U.S. District Judge Richard E. Myer, II on 2/23/2024. (McNally, Kimberly) [Transferred from North Carolina Eastern on 2/26/2024.]
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| Case transferred to District of District of South Carolina. File transmitted electronically. (McNally, Kimberly) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 35 Notice filed by The Cincinnati Insurance Company Request for Protection (4-24 to 4-26, 2024). (Atkinson, Charles) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Motion Submitted to Chief U.S. District Judge Richard E. Myers II regarding #24 MOTION to Dismiss for Lack of Personal Jurisdiction. (McNally, Kimberly) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 34 REPLY to Response to Motion regarding #24 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Levi Owens. (Luck, Jason) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 33 Certificate of Service filed by The Cincinnati Insurance Company regarding #32 Memorandum in Opposition, . (Atkinson, Charles) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 32 Memorandum in Opposition regarding #24 MOTION to Dismiss for Lack of Personal Jurisdiction filed by The Cincinnati Insurance Company. (Attachments: #1 Exhibit A - S.C. Supreme Court Order, #2 Exhibit B - Amended Complaint and Answer in Nautilus Case, #3 Exhibit C - Affidavit of Non-Service re Hunt, #4 Exhibit D - Jacobs Document, #5 Exhibit E- Jacobs Motion for Relief, #6 Exhibit F - Owens Motion for Relief) (Atkinson, Charles) [Transferred from North Carolina Eastern on 2/26/2024.] |
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Filing 31
ORDER granting #30 Motion to Stay Discovery. Signed by U.S. Magistrate Judge Robert B. Jones, Jr. on 6/12/2023. (McNally, Kimberly) [Transferred from North Carolina Eastern on 2/26/2024.]
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| Filing 30 Joint MOTION to Stay All Discovery Deadlines and Entry of Scheduling Order filed by Levi Owens. (Attachments: #1 Text of Proposed Order) (Luck, Jason) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Motion Referred to US Magistrate Judge Robert B. Jones, Jr regarding #30 Joint MOTION to Stay All Discovery Deadlines and Entry of Scheduling Order. (McNally, Kimberly) [Transferred from North Carolina Eastern on 2/26/2024.] |
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Filing 29
ORDER regarding #28 Rule 26(f) Report (joint) filed by The Cincinnati Insurance Company. The parties shall file any stay motion within seven (7) days from the date of this order, and if no motion is filed, the court will proceed with entry of a scheduling order. Signed by U.S. Magistrate Judge Robert B. Jones, Jr. on 6/5/2023. (McNally, Kimberly) [Transferred from North Carolina Eastern on 2/26/2024.]
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| Document Referred: #28 Joint Rule 26(f) Report referred to U.S. Magistrate Judge Robert B. Jones, Jr. (McNally, Kimberly) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 28 Rule 26(f) Report (joint) filed by The Cincinnati Insurance Company. (Atkinson, Charles) [Transferred from North Carolina Eastern on 2/26/2024.] |
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Filing 27
ORDER granting #25 Motion to Seal Document at docket entry 24-2. Signed by Chief U.S. District Judge Richard E. Myers II on 5/31/2023. (McNally, Kimberly) [Transferred from North Carolina Eastern on 2/26/2024.]
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| Motion Submitted to Chief U.S. District Judge Richard E. Myers II regarding #25 MOTION to Seal Document #24 MOTION to Dismiss for Lack of Personal Jurisdiction (docket entry 24-2). (McNally, Kimberly) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 26 Proposed Order regarding #25 MOTION to Seal Document #24 MOTION to Dismiss for Lack of Personal Jurisdiction (docket entry 24-2) filed by Levi Owens. (Attachments: #1 Text of Proposed Order) (Luck, Jason) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Notice to Counsel regarding: #25 Motion to Seal Document. Pursuant to Local Civil Rule 7.1(b)(3) and Section V(I)(3) of the CM/ECF Policy and Procedures Manual, parties must file a proposed order with any non-dispositive motion. Please file the proposed order using the 'Proposed Order' event in the Responses and Replies category and link it back to the motion to which it corresponds. Additionally, pursuant to the Practice Preferences of Chief Judge Myers, counsel shall also email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (McNally, Kimberly) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 25 MOTION to Seal Document #24 MOTION to Dismiss for Lack of Personal Jurisdiction (docket entry 24-2) filed by Levi Owens. (Attachments: #1 Exhibit A - collision report (redacted)) (Luck, Jason) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 24 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Maisha Jacobs, Levi Owens. (Attachments: #1 - memorandum in support, #2SEALED Exhibit A - Collision report, #3 Exhibit B - Decl. of Levi Owens, #4 Exhibit C - Decl. of Maisha Jacobs) (Luck, Jason) Modified on 5/24/2023 to modify document security for Exhibit A (McNally, Kimberly). [Transferred from North Carolina Eastern on 2/26/2024.] |
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Filing 23
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 4/19/2023. (McNally, Kimberly) [Transferred from North Carolina Eastern on 2/26/2024.]
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| Filing 22 VACATED JUDGMENT against Wayne Hunt and Wilmington Shipping Company. Signed by Peter A. Moore, Jr., Clerk of Court on 4/19/2023. (McNally, Kimberly) Modified on 2/23/2024 (McNally, Kimberly). [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 21 VACATED ORDER granting #18 MOTION for Default Judgment as to as to Defendant Wayne Hunt. The Clerk shall enter judgment against Hunt declaring that Plaintiff owes Hunt no duty of defense or indemnity under policies of insurance issued to Wilmington Shipping Company. Signed by Chief U.S. District Judge Richard E. Myers II on 4/19/2023. (McNally, Kimberly) Modified on 2/23/2024 (McNally, Kimberly). [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 20 VACATED ORDER granting #18 Motion for Default Judgment. The Clerk shall enter judgment against Wilmington Shipping Company declaring that Plaintiff owes Hunt no duty of defense or indemnity under policies of insurance issued to Wilmington Shipping Company. Signed by Chief U.S. District Judge Richard E. Myers II on 4/19/2023. (McNally, Kimberly) Modified on 2/23/2024 (McNally, Kimberly). [Transferred from North Carolina Eastern on 2/26/2024.] |
| Motion Submitted to Chief US District Judge Richard E. Myers II regarding #18 MOTION for Default Judgment as to as to Defendants Wayne Hunt and Wilmington Shipping Company. (McNally, Kimberly) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 19 Certificate of Service filed by The Cincinnati Insurance Company regarding #18 MOTION for Default Judgment as to as to Defendants Wayne Hunt and Wilmington Shipping Company . (Atkinson, Charles) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 18 MOTION for Default Judgment as to as to Defendants Wayne Hunt and Wilmington Shipping Company filed by The Cincinnati Insurance Company. (Attachments: #1 Affidavit Exhibit A - Affidavit as to Hunt, #2 Affidavit Exhibit B - Affidavit as to Wilmington Shipping Company, #3 Supplement Memorandum in Support, #4 Text of Proposed Order Proposed Order as to Hunt, #5 Text of Proposed Order Proposed Order as to Wilmington Shipping Company) (Atkinson, Charles) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 17 ENTRY OF DEFAULT as to Defendants Wayne Hunt and Wilmington Shipping Company. Signed by Peter A. Moore, Jr., Clerk of Court on 1/11/2023. (McNally, Kimberly) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 16 ANSWER to #1 Complaint,,,,, by Maisha Jacobs. (Simons, Gregory) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 15 Notice of Appearance filed by Jason Scott Luck on behalf of Levi Owens. (Luck, Jason) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #13 MOTION for Entry of Default as to Defendants Wayne Hunt and Wilmington Shipping Company. (McNally, Kimberly) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 14 AFFIDAVIT regarding #13 MOTION for Entry of Default as to Defendants Wayne Hunt and Wilmington Shipping Company by The Cincinnati Insurance Company (Attachments: #1 Exhibit Military Status) (Atkinson, Charles) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 13 MOTION for Entry of Default as to Defendants Wayne Hunt and Wilmington Shipping Company filed by The Cincinnati Insurance Company. (Attachments: #1 Exhibit A - Affidavit of Default as to Wayne Hunt, #2 Exhibit B - Affidavit of Default as to Wilmington Shipping Company, #3 Text of Proposed Order Proposed Order of Entry of Default, #4 Exhibit Certificate of Service) (Atkinson, Charles) [Transferred from North Carolina Eastern on 2/26/2024.] |
| NOTICE OF DEFICIENCY regarding #11 Notice of Special Appearance. Pursuant to Section VI.C.2 of the CM/ECF Policies and Procedures Manual, each attorney making an appearance in the case must be a registered CM/ECF filer with this court and must file his or her own Notice of Appearance to be recognized by the court as counsel of record for a party. Attorney Jason Scott Luck will not appear on the docket as counsel of record for the Defendant until a proper appearance by Attorney Luck is filed with the court. (McNally, Kimberly) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 12 ANSWER to #1 Complaint,,,,, by Levi Owens. (Simons, Gregory) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 11 Notice of Special Appearance for non-district by Gregory Richard Simons on behalf of Levi Owens. (Simons, Gregory) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 10 Notice of Appearance filed by Gregory Richard Simons on behalf of Levi Owens. (Simons, Gregory) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 9 SUMMONS Returned Executed by The Cincinnati Insurance Company. Wayne Hunt served on 11/16/2022, answer due 12/7/2022. (Atkinson, Charles) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 8 Waiver of Service Returned Executed filed by The Cincinnati Insurance Company. Maisha Jacobs waiver sent on 11/21/2022, answer due 1/20/2023. (Atkinson, Charles) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 7 Affidavit of Service for Summons and Complaint filed by The Cincinnati Insurance Company served on Levi Owens as PR of the Estate of Christopher McLean on 11/15/2022. (Attachments: #1 Exhibit Proof of Service, #2 Exhibit Receipt of Service) (Atkinson, Charles) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 6 Affidavit of Service for Summons and Complaint filed by The Cincinnati Insurance Company served on Wilmington Shipping Company on 11/15/2022. (Attachments: #1 Exhibit Proof of Service, #2 Exhibit Receipt of Service) (Atkinson, Charles) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 5 Notice of Appearance filed by Charles Daniel Atkinson on behalf of The Cincinnati Insurance Company. (Atkinson, Charles) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 4 Summons Issued as to Wayne Hunt, Maisha Jacobs, Levi Owens, Wilmington Shipping Company. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 3 Notice filed by The Cincinnati Insurance Company Cover Sheet. (Atkinson, Charles) (Main Document 3 flattened and replaced on 11/15/2022) (Edwards, S.). [Transferred from North Carolina Eastern on 2/26/2024.] |
| NOTICE OF DEFICIENCY regarding #1 Complaint - Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet using the event "Notice-Other" as soon as possible. (Rudd, D.) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Notice to Counsel regarding: [1-1] Proposed Summons, [1-2] Proposed Summons, [1-3] Proposed Summons, [1-4] Proposed Summons, #3 Notice - other Civil Cover Sheet - Counsel is reminded that the filing user must lock or flatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" (the proposed summons, the civil cover sheet) prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed. (Rudd, D.) [Transferred from North Carolina Eastern on 2/26/2024.] |
| NOTICE OF DEFICIENCY regarding #1 Complaint. All counsel appearing on behalf of a party shall file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (McNally, Kimberly) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 2 Financial Disclosure Statement by The Cincinnati Insurance Company identifying Corporate Parent Cincinnati Financial Corporation for The Cincinnati Insurance Company. (Atkinson, Charles) [Transferred from North Carolina Eastern on 2/26/2024.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCEDC-6813524.), filed by The Cincinnati Insurance Company. (Attachments: #1 Proposed Summons to Hunt, #2 Proposed Summons to Owens, #3 Proposed Summons to Jacobs, #4 Proposed Summons to Wilmington Shipping Company, #5 Exhibit A - Business Auto Policy, #6 Exhibit B - Excess Coverage Policy, #7 Exhibit C - Wrongful Death Summons and Complaint, #8 Exhibit D - Proof of Service for Wrongful Death Action, #9 Exhibit E - Affidavit of Default for Wrongful Death Action, #10 Exhibit F - Entry of Default for Wrongful Death Action, #11 Exhibit G - Order of Reference for Wrongful Death Action, #12 Exhibit H - Notice of Hearing for Wrongful Death Action, #13 Exhibit I - Order of Default Judgment for Wrongful Death Action, #14 Exhibit J - Summons and Complaint for Personal Injury Action, #15 Exhibit K - Letter re Service for Personal Injury Action, #16 Exhibit L - Affidavit of Default for Personal Injury Action, #17 Exhibit M - Entry of Default for Personal Injury Action, #18 Exhibit N - Order of Reference for Personal Injury Action, #19 Exhibit O - Order of Judgment for Personal Injury Action) (Atkinson, Charles) (Attachments 1, 2, 3 and 4 flattened and replaced on 11/15/2022) (Edwards, S.). [Transferred from North Carolina Eastern on 2/26/2024.] |
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