Pinnacle Design/Build Group, Inc. v. Illinois Union Insurance Company
| Pinnacle Design/Build Group, Inc. |
| Illinois Union Insurance Company |
| 3:2019cv00103 |
| January 28, 2019 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Barbara D Holmes |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 16, 2019. A more recent docket listing may be available from PACER.
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| Filing 51 ENTRY OF JUDGMENT re: #50 Order. (am) |
Filing 50
ORDER: Pending before the Court is the parties' Joint Stipulation of Dismissal with Prejudice (Doc. No. 49), indicating all claims in this case have been resolved, and this case should be dismissed. Accordingly, this case is DISMISSED, with prejudice. The trial scheduled for August 11, 2020, and the pretrial conference scheduled for August 3, 2020, are cancelled. The Clerk is directed to close the file. This order shall constitute the final judgment pursuant to Fed. R. Civ. P. 58. Signed by District Judge William L. Campbell, Jr on 10/15/2019. (am)
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| Filing 49 JOINT STIPULATION of Dismissal with Prejudice by Pinnacle Design/Build Group, Inc. (Noone, Julie) Modified Text on 10/15/2019 (am). |
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Filing 48
ORDER: The Court having been advised that this action has been settled, the action is dismissed without prejudice to the right, upon good cause shown within thirty (30) days, to reopen the action if the settlement is not consummated. Within this thirty-day period, the parties may submit a proposed agreed order of compromise and dismissal. Signed by District Judge William L. Campbell, Jr on 9/10/2019. (am)
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| Filing 47 NOTICE of Settlement by Pinnacle Design/Build Group, Inc. (Knight, Adam) |
| Filing 46 NOTICE by Pinnacle Design/Build Group, Inc. of Service of Responses to Discovery Propounded by Illinois Union (Knight, Adam) |
| Filing 45 Rule 5.4 Certificate of Service of Discovery filed by Illinois Union Insurance Company. (Moss, Alycen) Modified Text on 8/27/2019 (am). |
| Filing 44 NOTICE by Pinnacle Design/Build Group, Inc. of Service of First Set of Discovery to Illinois Union (Knight, Adam) |
| Filing 43 REPLY to Response to Motion re #38 Partial MOTION to Dismiss ,or, in the Alternative, Motion to Bifurcate the Bad Faith and Extra-Contractual Claims filed by Illinois Union Insurance Company. (Moss, Alycen) |
| Filing 42 MEMORANDUM in Support of #41 Response in Opposition to Motion filed by Pinnacle Design/Build Group, Inc. . (Attachments: #1 Exhibit A - Donan Report, #2 Exhibit B - Vertex Report, #3 Exhibit C Part 1 - Pinnacle Report, #4 Exhibit C Part 2 - Pinnacle Report, #5 Exhibit C Part 3 - Pinnacle Report, #6 Exhibit C Part 4 - Pinnacle Report, #7 Exhibit C Part 5 - Pinnacle Report, #8 Exhibit C Part 6 - Pinnacle Report, #9 Exhibit C Part 7 - Pinnacle Report, #10 Exhibit C Part 8 - Pinnacle Report, #11 Exhibit C Part 9 - Pinnacle Report, #12 Exhibit C Part 10 - Pinnacle Report, #13 Exhibit C Part 11 - Pinnacle Report)(Noone, Julie) |
| Filing 41 RESPONSE in Opposition re #38 Partial MOTION to Dismiss ,or, in the Alternative, Motion to Bifurcate the Bad Faith and Extra-Contractual Claims filed by Pinnacle Design/Build Group, Inc.. (Noone, Julie) |
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Filing 40
ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on June 17, 2019, Defendant filed a partial motion to dismiss, or, in the alternative, motion to bifurcate the bad faith and extra-contractual claims with supporting memorandum (Docket Nos. 38- 39). Though a partial motion to dismiss was not specifically provided for in the initial case management order, see Docket Entry No. 31, paragraph K, and motions for partial dispositive relief generally require leave of Court, the deadlines for responsive filings are provided for in that order. Id. The Clerk of Court shall forward this motion and any responsive filings for the District Judge's consideration. All previously imposed deadlines remain in effect absent further order of the Court. Signed by Magistrate Judge Barbara D. Holmes on 6/28/2019. (am)
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| Filing 39 MEMORANDUM in Support of #38 Partial MOTION to Dismiss ,or, in the Alternative, Motion to Bifurcate the Bad Faith and Extra-Contractual Claims filed by Illinois Union Insurance Company . (Moss, Alycen) |
| Filing 38 Partial MOTION to Dismiss ,or, in the Alternative, Motion to Bifurcate the Bad Faith and Extra-Contractual Claims by Illinois Union Insurance Company. (Moss, Alycen) |
| Filing 37 ANSWER to #36 Amended Complaint, by Illinois Union Insurance Company.(Moss, Alycen) |
| Filing 36 AMENDED COMPLAINT First against Illinois Union Insurance Company, filed by Pinnacle Design/Build Group, Inc.. (Attachments: #1 Exhibit Insurance policy, #2 Exhibit Project subcontract Agreement, #3 Exhibit Notice of Claim, #4 Exhibit Denial Letter from Chubb Insurance, #5 Exhibit Certified Letter to Chubb Claims)(Knight, Adam) |
| Filing 35 CERTIFICATE of Service of Discovery filed by Illinois Union Insurance Company. (Moss, Alycen) |
| Filing 34 NOTICE by Pinnacle Design/Build Group, Inc. of Service of Initial Disclosures (Knight, Adam) |
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Filing 33
ORDER: Jury Trial set for 8/11/2020 09:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Exhibit List due by 7/27/2020. Witness List due by 7/27/2020. Pretrial Conference set for 8/3/2020 10:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Joint Proposed Pretrial Order due by 7/27/2020. Signed by District Judge William L. Campbell, Jr on 5/31/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 32
ORDER: Pending before the Court is Plaintiff's motion for leave to file an amended complaint (Docket No. #25 ), which for the reasons stated, is GRANTED. By no later than three (3) business days from the date of entry of this Order, Plaintiff shall file the First Amended Complaint found in draft as Exhibit 1 to the motion. Once filed, the amended complaint is the legally operative complaint, Drake v. City of Detroit, 266 F.App'x 444, 448 (6th Cir. 2008), thus rendering moot Defendant's pending motion to dismiss (Docket No. #13 ). The Clerk is therefore directed to terminate that motion, which is without prejudice to Defendant refiling or renewing its motion to dismiss as to the First Amended Complaint. Signed by Magistrate Judge Barbara D. Holmes on 5/22/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 31
INITIAL CASE MANAGEMENT ORDER: Motions to Amend due by 9/4/2019. Discovery due by 1/17/2020. Dispositive Motions due by 2/17/2020. Case Management Conference by Telephone set for 11/4/2019 at 10:00 AM before Magistrate Judge Barbara D. Holmes. Signed by Magistrate Judge Barbara D. Holmes on 5/21/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 30 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Pinnacle Design/Build Group, Inc.. (Knight, Adam) |
| Filing 29 NOTICE by Illinois Union Insurance Company re #25 First MOTION to Amend/Correct Complaint Advising Defendant Does Not Oppose Same (Moss, Alycen) |
| Filing 28 PROPOSED CASE MANAGEMENT ORDER filed by Illinois Union Insurance Company. (Moss, Alycen) |
| NOTICE TO FILER re DE#25 : This document has been scanned. Documents generated from a word processor (Word of WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Document must be text searchable. You do not have to refile this document, however, future scanned pleadings of this nature may require refiling. (am) |
| NOTICE TO FILER re DE#26 : The document is not signed. Pursuant to Administrative Order No. 167-1, Section 8, electronically filed documents of Professional Responsibility registration number. The filer's name should be typed in the space where the signature would otherwise appear preceded by the symbol "s/" or inserted facsimile signature. Counsel shall re-file the document. (am) |
| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Initial Case Management Conference held on 5/7/2019; ORDER to enter. (Tape #digital recording.) (Hearing lasted :48)(jwc) |
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Filing 27
ORDER granting #23 Motion for Dorsey Reese Carson, Jr. and Julie S. Noone to Appear Pro Hac Vice. Signed by Vicki R. Kinkade, Acting Clerk of Court on 5/6/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 26 **DISREGARD, NO SIGNATURE**PROPOSED CASE MANAGEMENT ORDER filed by Illinois Union Insurance Company. (Moss, Alycen) Modified on 5/7/2019 (am). |
| Filing 25 First MOTION to Amend/Correct Complaint by Pinnacle Design/Build Group, Inc.. (Knight, Adam) |
| Filing 24 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Illinois Union Insurance Company. (Jakes, William) |
| MI State Bar status verified as active for Julie Noone, Dorsey R. Carson, Jr. (am) |
| Filing 23 MOTION for attorney Dorsey Reese Carson, Jr.and Julie S. Noone to Appear Pro Hac Vice on Behalf of Pinnacle Design/Build Group, Inc. (paid $200 PHV fee; receipt number 0650-2905175) by Pinnacle Design/Build Group, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing)(Knight, Adam) |
| Filing 22 REPLY to Response to Motion re #13 MOTION to Dismiss or, in the Alternative, Motion to Bifurcate the Bad Faith and Extra-Contractual Claims filed by Illinois Union Insurance Company. (Moss, Alycen) |
| Filing 21 Memorandum in Support re #13 MOTION to Dismiss or, in the Alternative, Motion to Bifurcate the Bad Faith and Extra-Contractual Claims Memorandum of law in support of opposition to motion to dismiss filed by Pinnacle Design/Build Group, Inc. (Knight, Adam) Modified Text on 4/23/2019 (am). |
| Filing 20 RESPONSE in Opposition re #13 MOTION to Dismiss or, in the Alternative, Motion to Bifurcate the Bad Faith and Extra-Contractual Claims filed by Pinnacle Design/Build Group, Inc.. (Knight, Adam) |
| The Motion filed at DE 19 is DISREGARDED. Counsel used the wrong event, did not pay the fee, failed to state whether any disciplinary proceedings or criminal charges have been instituted against the attorneys seeking pro hac vice admission, and the incorrect certificates were filed. Counsel shall re- file the motion using the "Motion to Appear Pro Hac Vice" event, which prompts the filer to pay the fees by credit card. The motion should include the required declaration regarding disciplinary proceedings or criminal charges, and should include certificates of good standing from a U.S. District Court or a U.S. appellate court. (am) |
| Filing 19 **DISREGARD** MOTION for Leave to Appear Pro Hac Vice by Pinnacle Design/Build Group, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing)(Knight, Adam) Modified on 4/8/2019 (am). |
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Filing 18
ORDER: The Clerk is directed to forward the motion to the Honorable William L. Campbell, Jr., District Judge for his consideration of Defendant's motion to dismiss. The initial case management conference remains scheduled for 10:00 a.m., May 7, 2019, whether or not a ruling has entered on this pending motion, unless otherwise ordered by the Court. Signed by Magistrate Judge Barbara D. Holmes on 4/3/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 17
ORDER granting #16 Motion for Extension of Time to File Response/Reply re #13 MOTION to Dismiss or, in the Alternative, Motion to Bifurcate the Bad Faith and Extra-Contractual Claims. Signed by District Judge William L. Campbell, Jr on 3/29/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 16 MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss or, in the Alternative, Motion to Bifurcate the Bad Faith and Extra-Contractual Claims by Pinnacle Design/Build Group, Inc.(Attachments: #1 Attachment Order Granting Motion)(Knight, Adam) Modified Text on 3/29/2019 (am). |
| TN State Bar status verified as active for William Bryan Jakes, III. (am) |
| Filing 15 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Illinois Union Insurance Company. (Jakes, William) |
| Filing 14 MEMORANDUM in Support of #13 MOTION to Dismiss or, in the Alternative, Motion to Bifurcate the Bad Faith and Extra-Contractual Claims filed by Illinois Union Insurance Company . (Jakes, William) |
| Filing 13 MOTION to Dismiss or, in the Alternative, Motion to Bifurcate the Bad Faith and Extra-Contractual Claims by Illinois Union Insurance Company. (Jakes, William) |
| Filing 12 ANSWER to #1 Complaint, by Illinois Union Insurance Company.(Jakes, William) |
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Filing 11
ORDER granting #8 Motion for Alycen A. Moss to Appear Pro Hac Vice. Signed by Vicki R. Kinkade, Acting Clerk of Court on 3/8/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 3/11/2019 (am).
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| GA State Bar status verified as active for Alycen Moss. (am) |
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Filing 10
ORDER granting #9 Motion to Continue Initial Case Management Conference. Signed by Magistrate Judge Barbara D. Holmes on 3/4/19. (gb)
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| Filing 9 MOTION to Continue Initial Case Management Conference by Illinois Union Insurance Company. (Jakes, William) |
| Filing 8 MOTION for attorney Alycen A. Moss to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2865169) by Illinois Union Insurance Company. (Attachments: #1 Attachment Certificate of Good Standing)(Jakes, William) |
| Set/Reset Hearings: Case Management Conference RESET for 5/7/2019 at 10:00 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (gb) |
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Filing 7
ORDER granting #5 Motion for Extension of Time to Answer Illinois Union Insurance Company answer due 3/22/2019. Signed by Magistrate Judge Barbara D. Holmes on 2/20/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 6 Consent Order re: #5 MOTION for Extension of Time to File Answer re #1 Complaint (Jakes, William) Modified Text on 2/20/2019 (am). |
| Filing 5 MOTION for Extension of Time to File Answer re #1 Complaint, by Illinois Union Insurance Company. (Jakes, William) |
| Filing 4 NOTICE of Initial Case Management Conference set for 4/1/2019 at 10:00 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (am) |
| TN State Bar status verified as active for J. Brad Scarbrough, Adam O. Knight. (am) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) |
| Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (am) |
| Filing 1 COMPLAINT against Illinois Union Insurance Company (Filing fee $400, Receipt number 0650-2840863), filed by Pinnacle Design/Build Group, Inc. (Attachments: #1 Attachment - Civil Cover Sheet, #2 Exhibit 1 - Declarations, #3 Exhibit 2 - Project Subcontract Agreement, #4 Exhibit 3 - General Liability Notice of Occurence, #5 Exhibit 4 - Letter to Mr. Komar)(am) |
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