Kim v. Accident Insurance Company, Inc. et al
| Jee Yun Kim |
| Accident Insurance Company, Inc., Torus Specialty Insurance Company, Sanchez Construction, U.S. Administrator Claims, LLC and Sedgwick Claims Management Services, Inc. |
| StarStone Specialty Insurance Company |
| Elezar Hernandez Cupido and Leticia Garcia |
| 3:2023cv01220 |
| November 17, 2023 |
| US District Court for the Middle District of Tennessee |
| Alistair Newbern |
| Eli J Richardson |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal- Insurance Contract |
| Defendant |
Docket Report
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This docket was last retrieved on January 12, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 63 REPLY to Response to re #31 MOTION to Remand to State Court filed by Jee Yun Kim. (Smith, Dominick) |
| Filing 62 CERTIFICATE of Service filed by Sedgwick Claims Management Services, Inc. re #61 Response in Opposition to Motion filed by Sedgwick Claims Management Services, Inc.. (Friedman, Seth) |
| NOTICE TO FILER re DE#61 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include a certificate of service. Please FILE a conformed Certificate of Service for this document. (kc) |
| Filing 61 RESPONSE in Opposition re #31 MOTION to Remand to State Court filed by Sedgwick Claims Management Services, Inc.. (Friedman, Seth) |
Filing 60
ORDER: Kim's motion to stay #44 is GRANTED IN PART AND DENIED IN PART. Kim shall file any optional reply re #31 by January 16, 2024. Signed by Magistrate Judge Alistair Newbern on 1/9/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) Modified on 1/10/2024 (kc).
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| Filing 59 MEMORANDUM in Support of #58 MOTION to Dismiss Counterclaims filed by Jee Yun Kim . (Smith, Dominick) |
| Filing 58 MOTION to Dismiss Counterclaims by Jee Yun Kim. (Smith, Dominick) |
| Filing 57 CERTIFICATE of Service filed by Sedgwick Claims Management Services, Inc.. (Friedman, Seth) |
| Filing 56 CERTIFICATE of Service filed by Sedgwick Claims Management Services, Inc.. (Friedman, Seth) |
| NOTICE TO FILER re DE#55 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include a certificate of service. Please FILE a conformed Certificate of Service for this document. (kc) |
| NOTICE TO FILER re DE#50 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include a certificate of service. Please FILE a conformed Certificate of Service for this document. (kc) |
| Filing 55 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Sedgwick Claims Management Services, Inc.. (Friedman, Seth) |
| Filing 54 BUSINESS ENTITY DISCLOSURE STATEMENT filed by U.S. Administrator Claims, LLC. (Johnson, William) |
| Filing 53 BRIEF filed by U.S. Administrator Claims, LLC re #52 Motion to Dismiss. (Johnson, William) |
| Filing 52 MOTION to Dismiss Plaintiff's First Amended Complaint by U.S. Administrator Claims, LLC. (Johnson, William) |
| Filing 51 NOTICE of Appearance by William R. Johnson on behalf of U.S. Administrator Claims, LLC (Johnson, William) |
| Filing 50 MOTION to Dismiss by Sedgwick Claims Management Services, Inc.. (Friedman, Seth) |
| Filing 49 NOTICE by StarStone Specialty Insurance Company re #45 Response in Opposition to Motion, Re Exhibit A (Horvat, Abigail) |
| NOTICE TO FILER re DE#45 : Counsel failed to include the mandatory description of the attached exhibits. Counsel is directed to file a notice that lists each exhibit with a brief description. (kc) |
| Filing 48 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Accident Insurance Company, Inc.. (Johnson, William) |
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Filing 47
ORDER: For good cause shown, IT IS HEREBY ORDERED that Defendant Sedwick Claims Management Services, Inc.'s deadline to respond to Plaintiff's Motion to Remand (Doc. #31 ) is hereby extended up to and through January 12, 2024. Signed by Magistrate Judge Alistair Newbern on 1/2/2024. (af)
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| Filing 46 Consent MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Remand to State Court by Sedgwick Claims Management Services, Inc.. (Attachments: #1 Exhibit Proposed Order on Consent Motion To Extend of Time)(Friedman, Seth) |
| Filing 45 RESPONSE in Opposition re #44 MOTION to Stay re #39 Counterclaim,,, #41 Response in Opposition to Motion, #37 Joint MOTION to Dismiss , #36 Counterclaim,, (pending disposition of Pl.'s Mot. Am. Compl.) filed by Accident Insurance Company, Inc., StarStone Specialty Insurance Company. (Attachments: #1 Exhibit A)(Horvat, Abigail) |
| Filing 44 MOTION to Stay re #39 Counterclaim,,, #41 Response in Opposition to Motion, #37 Joint MOTION to Dismiss , #36 Counterclaim,, (pending disposition of Pl.'s Mot. Am. Compl.) by Jee Yun Kim. (Smith, Dominick) |
| Filing 43 Additional Attachments to Main Document re: #40 First MOTION for Leave to Amend Complaint. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint [CORRECTED], #2 Exhibit 20 - New Mexico OSI "Report of Examination of The Accident Insurance Company Albuquerque, New Mexico as of December 31, 2016" [CORRECTED])(Smith, Dominick) |
| Filing 42 MEMORANDUM in Support of #41 Response in Opposition to Motion filed by Accident Insurance Company, Inc. . (Horvat, Abigail) |
| Filing 41 RESPONSE in Opposition re #31 MOTION to Remand to State Court filed by Accident Insurance Company, Inc., StarStone Specialty Insurance Company. (Horvat, Abigail) |
| Filing 40 First MOTION for Leave to Amend Complaint by Jee Yun Kim. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint, #2 Exhibit 1 - Omitted State Court Filings, #3 Exhibit 2 - AIC/USAC Tender Ltr Resp., #4 Exhibit 3 - Sept. 9, 2021 Sedgwick/StarStone Email (stating no permission needed to settle), #5 Exhibit 4 - Assignment, Indemnification & Settlement Agreement, #6 Exhibit 5 - Final Order of Judgment, #7 Exhibit 6 - C.Baum Expert Economist report, #8 Exhibit 7 - Order on MPSJ., #9 Exhibit 8 - Am. Aff. of Taekyong Kim, #10 Exhibit 9 - T. Kim Dep. Excerpts, #11 Exhibit 10 - TK Dep. - Ex. A, Nelson Mullins Letter, #12 Exhibit 11 - Oh. Aff., #13 Exhibit 12 - J. Sanchez-Lopez Dep., #14 Exhibit 13 - Elezar Cupido Hernandez Dep., #15 Exhibit 14 - Cupido Dep. - Ex. 4 Hand Drawn Diagram, #16 Exhibit 15 - Jee Yun Kim Dep., #17 Exhibit 16 - UNVERIFIED USAC/AIC "CGL Policy", #18 Exhibit 17 - UNVERIFIED StarStone/Sedgwick "Umbrella Policy", #19 Exhibit 18 - StarStone/Sedgwick Denial Ltr., #20 Exhibit 19 - Kim's Medical Bills, #21 Exhibit 20 - New Mexico OSI "Report of Examination of The Accident Insurance Company Albuquerque, New Mexico as of December 31, 2016", #22 Exhibit 21 - USAC Articles of Organization, #23 Exhibit 22 - Dec. 17, 2017 Tender Letter, #24 Exhibit 23 - Feb. 3, 2023 Demand to AIC/USAC, #25 Exhibit 24 - Feb. 8, 2022 Demand to Sedgwick/StarStone)(Smith, Dominick) |
| Filing 39 COUNTERCLAIM against Elezar Hernandez Cupido, Leticia Garcia, Jee Yun Kim, Sanchez Construction, filed by StarStone Specialty Insurance Company. (Attachments: #1 Exhibit 1 - Doc. 242 - Notice and Order of Nonsuit 7-25-22, #2 Exhibit 2 - Doc. 244 - Second Amended Complaint 8-15-22, #3 Exhibit 3 - FNOL from Claimant 4-21-17, #4 Exhibit 4 - Notice of Amended Complaint - 2021.08.27 Torus Insurance rep ltr_Kim, #5 Exhibit 5 - StarStone Coverage Position Letter dated 11-26-18, #6 Exhibit 6 - StarStone Excess Policy, #7 Exhibit 7 - AIC Policy, #8 Exhibit 8 - Email Thread, #9 Exhibit 9 - Coverage Position to OC 3-17-22, #10 Exhibit 10 - Email Thread Re Parking Exception, #11 Exhibit 11 - Coverage Position Letter to OC 5-23-22, #12 Exhibit 12 - Email Thread, #13 Exhibit 13 - AIC Disclaimer 5-31-22, #14 Exhibit 14 - Email Thread, #15 Exhibit 15 - Email Thread, #16 Exhibit 16 - Initial AIC Disclaimer 2-4-19)(Wiseman, Thomas) |
| Filing 38 MEMORANDUM in Support of #37 Joint MOTION to Dismiss filed by Accident Insurance Company, Inc., StarStone Specialty Insurance Company . (Wiseman, Thomas) |
| Filing 37 Joint MOTION to Dismiss by Accident Insurance Company, Inc., StarStone Specialty Insurance Company. (Wiseman, Thomas) |
| Filing 36 COUNTERCLAIM against Jee Yun Kim, filed by Accident Insurance Company, Inc.. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - Original Complaint, #3 Exhibit C - First Amended Complaint, #4 Exhibit D - Declination of Rights, #5 Exhibit E-Motion to Amend; Second Amend Complaint, #6 Exhibit F - Plaintiff's MSJ, #7 Exhibit G - Order Granting Leave to Amend, #8 Exhibit H - Response to Plaintiff's MSJ, #9 Exhibit I - Order Granting MSJ, #10 Exhibit J - Final Judgment)(Johnson, William) |
| Filing 35 RESPONSE in Opposition re #22 MOTION for Leave to Leave to File Amended Notice of Removal filed by Jee Yun Kim. (Smith, Dominick) |
| Filing 34 SUMMONS returned executed by Jee Yun Kim. Sedgwick Claims Management Services, Inc. served on 12/15/2023. (Smith, Dominick) |
| Filing 33 SUMMONS returned executed by Jee Yun Kim. U.S. Administrator Claims, LLC served on 12/15/2023. (Smith, Dominick) |
| NOTICE TO FILER re DE#29 and #30 : The wrong event was used. The correct event should be Summons Returned Executed. Counsel shall re-file the document. (kc) |
| Filing 32 MEMORANDUM in Support of #31 MOTION to Remand to State Court filed by Jee Yun Kim . (Smith, Dominick) |
| Filing 31 MOTION to Remand to State Court by Jee Yun Kim. (Smith, Dominick) |
| Filing 30 AFFIDAVIT of Service for (Summons and Am. Compl.) served on Sedgwick Claims Management Services, Inc. on 12/15/2023, filed by Jee Yun Kim. (Smith, Dominick) |
| Filing 29 AFFIDAVIT of Service for (Summons and Am. Compl.) served on U.S. Aministrator Claims, LLC on 12/15/2023, filed by Jee Yun Kim. (Smith, Dominick) |
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Filing 28
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Signed by District Judge Eli J. Richardson on 12/15/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 27 Summons issued as to Sedgwick Claims Management Services, Inc., U.S. Administrator Claims, LLC. Service packet returned to counsel by regular mail. (kc) |
| Filing 26 NOTICE of Filing by Jee Yun Kim of Amended Complaint (as a matter of course, pursuant to Fed. R. Civ. P. 15(a)(1)(B)) (Smith, Dominick) |
| Filing 25 NOTICE of Summons to be Issued as to Sedgwick Claims Management Services, Inc.. (Smith, Dominick) |
| Filing 24 NOTICE of Summons to be Issued as to U.S. Administrator Claims, LLC. (Smith, Dominick) |
| Filing 23 MEMORANDUM in Support of #22 MOTION for Leave to Leave to File Amended Notice of Removal filed by StarStone Specialty Insurance Company . (Attachments: #1 Exhibit A - Amended Notice of Removal, #2 Exhibit A-1 Complaint, #3 Exhibit A-2 AIC Policy, #4 Exhibit A-3 StarStone Excess Policy, #5 Exhibit A-4 Judgment, #6 Exhibit A-5 Notice of Removal)(Bills, Anthony) |
| Filing 22 MOTION for Leave to Leave to File Amended Notice of Removal by StarStone Specialty Insurance Company. (Attachments: #1 Attachment Proposed Order)(Bills, Anthony) |
| Filing 21 AMENDED COMPLAINT (as a matter of course) against StarStone Specialty Insurance Company, U.S. Administrator Claims, LLC, Sedgwick Claims Management Services, Inc., filed by Jee Yun Kim. (Attachments: #1 Attachment Summons U.S. Admin Claims, LLC, #2 Attachment SummonsSedgwick Claims Management Services, Inc., #3 Exhibit 1 Omitted State Court Filings, #4 Exhibit 2 AIC/USAC Tender Ltr Resp., #5 Exhibit 3 Sept. 9, 2023 Sedgwick Email (stating no permission needed to settle), #6 Exhibit 4 Settlement Agreement, #7 Exhibit 5 Final Order of J., #8 Exhibit 6 C.Baum economist report, #9 Exhibit 7 Order on MPSJ, #10 Exhibit 8 Am. Aff. of Taekyong Kim, #11 Exhibit 9 T. Kim Dep. Excerpts, #12 Exhibit 10 TK Dep. - Ex. A, Nelson Mullins Letter, #13 Exhibit 11 Oh. Aff., #14 Exhibit 12 J. Sanchez-Lopez Dep., #15 Exhibit 13 Elezar Cupido Hernandez Dep., #16 Exhibit 14 Cupido Dep. - Ex. 4 Hand Drawn Diagram, #17 Exhibit 15 Jee Yun Kim Dep., #18 Exhibit 16 USAC/AIC CGL Policy, #19 Exhibit 17 StarStone/Sedgwick Umbrella Policy, #20 Exhibit 18 StarStone Denial Ltr., #21 Exhibit 19 Medical Bills)(Smith, Dominick) |
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Filing 20
ORDER granting #13 and #14 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Gary Gassman and Abigail Horvat to Appear Pro Hac Vice are granted. Signed by Lynda M. Hill, Clerk of Court, on 12/05/2023. (lh)
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| TN State Bar status verified as active for William R. Johnson admitted to this court. (kc) |
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Filing 19
ORDER: The Court finds that StarStone has complied with this Court's Local Rule 7.01 and governing authority. Accordingly, its motion to seal #6 is GRANTED IN PART. The Clerk's Office is DIRECTED to maintain Docket Entry #1 -4 under seal. The notice of removal and all other exhibits thereto at Docket Entry #1 shall be unsealed. Signed by Magistrate Judge Alistair Newbern on 11/29/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 18 RESPONSE to Motion re #6 MOTION for Leave to File Document Under Seal Notice of Non-Opposition filed by Jee Yun Kim. (Smith, Dominick) |
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Filing 17
ORDER: Plaintiff Jee Yun Kim has moved to withdraw the amended motion for entry of default filed on November 20, 2023 #9 . #11 . The motion #11 is GRANTED. The amended motion for entry of default #9 is TERMINATED. Kim's original motion for entry of default #8 is also TERMINATED. Signed by Magistrate Judge Alistair Newbern on 11/27/2023. (kc)
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| Filing 16 NOTICE of Appearance by William R. Johnson on behalf of Accident Insurance Company, Inc. (Johnson, William) |
| Filing 15 ANSWER to Complaint , COUNTERCLAIM against Jee Yun Kim by Accident Insurance Company, Inc.. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - Original Complaint, #3 Exhibit C - First Amended Complaint, #4 Exhibit D - Declination of Rights, #5 Exhibit E-Motion to Amend; Second Amend Complaint, #6 Exhibit F - Plaintiff's MSJ, #7 Exhibit G - Order Granting Leave to Amend, #8 Exhibit H - Response to Plaintiff's MSJ, #9 Exhibit I - Order Granting MSJ, #10 Exhibit J - Final Judgment)(Johnson, William) |
| IL State Bar status verified as active for Gary L. Gassman, Abigail C. Horvat not admitted to this court - Local counsel secured. (kc) |
| ***DISREGARD. ENTERED IN ERROR.*** TN State Bar status verified as active for David R Smith admitted to this court. (kc) Modified on 11/22/2023 (kc). |
| Filing 14 MOTION for attorney Abigail Horvat to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3959584) by StarStone Specialty Insurance Company. (Attachments: #1 Attachment Certificate of Good Standing)(Wiseman, Thomas) |
| Filing 13 MOTION for attorney Gary Gassman to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3959568) by StarStone Specialty Insurance Company. (Attachments: #1 Attachment Certificate of Good Standing)(Wiseman, Thomas) |
| Filing 12 NOTICE by Jee Yun Kim Notice of Appearance (Smith, David) |
| Filing 11 NOTICE by Jee Yun Kim re #9 Amended MOTION for Entry of Default as to Accident Insurance Company, Inc. (Withdrawing Request for Entry of Default) (Smith, Dominick) Modified on 11/27/2023 (kc). |
| Filing 10 BUSINESS ENTITY DISCLOSURE STATEMENT filed by StarStone Specialty Insurance Company. (Wiseman, Thomas) |
| Filing 9 Amended MOTION for Entry of Default as to Accident Insurance Company, Inc. by Jee Yun Kim. (Attachments: #1 Exhibit 1 Decl. in Supp. of Entry for Default, #2 Exhibit 2 Return on Personal Service of Summons (AIC))(Smith, Dominick) |
| Filing 8 MOTION for Entry of Default as to Accident Insurance Company, Inc. by Jee Yun Kim. (Attachments: #1 Exhibit 1 Decl. in Supp. of Entry for Default, #2 Exhibit 2 Return on Personal Service of Summons (AIC))(Smith, Dominick) |
| Filing 7 ANSWER to Complaint , COUNTERCLAIM against Jee Yun Kim, Sanchez Construction, Elezar Hernandez Cupido, Leticia Garcia by StarStone Specialty Insurance Company. (Attachments: #1 Exhibit 1 - Doc. 242 - Notice and Order of Nonsuit 7-25-22.pdf, #2 Exhibit 2 - Doc. 244 - Second Amended Complaint 8-15-22, #3 Exhibit 3 - FNOL from Claimant 4-21-17, #4 Exhibit 4 - Notice of Amended Complaint - 2021.08.27 Torus Insurance rep ltr_Kim, #5 Exhibit 5 - StarStone Coverage Position Letter dated 11-26-18, #6 Exhibit 6 - StarStone Excess Policy, #7 Exhibit 7 - AIC Policy, #8 Exhibit 8 - Email Thread, #9 Exhibit 9 - Coverage Position to OC 3-17-22, #10 Exhibit 10 - Email Thread Re Parking Exception, #11 Exhibit 11 - Coverage Position Letter to OC 5-23-22, #12 Exhibit 12 - Email Thread, #13 Exhibit 13 - AIC Disclaimer 5-31-22, #14 Exhibit 14 - Email Thread, #15 Exhibit 15 - Email Thread, #16 Exhibit 16 - Initial AIC Disclaimer 2-4-19)(Wiseman, Thomas) |
| Filing 6 MOTION for Leave to File Document Under Seal by StarStone Specialty Insurance Company. (Wiseman, Thomas) |
| Filing 5 NOTICE of Initial Case Management Conference by Telephone set for 2/6/2024 at 10:00 AM before Magistrate Judge Alistair Newbern. (mg) |
| Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (mg) |
| Filing 2 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (mg) |
| TN State Bar status verified as active for David R Smith not admitted to this court. (mg) |
| TN State Bar status verified as active for Dominick R. Smith, Thomas Anderton Wiseman, III admitted to this court. (mg) |
| NOTICE TO COUNSEL David R Smith: WITHIN 21 DAYS, counsel shall be admitted to practice. The application for admission is available on the website at #http://www.tnmd.uscourts.gov/forms/admission-practice-application (LR 83.01(a)). Admission due by 12/11/2023. (mg) |
| Filing 1 NOTICE OF REMOVAL by StarStone Specialty Insurance Company from Circuit Court of Davidson County, case number 23C2428. (Filing fee $ 402 receipt number ATNMDC-3957552) (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - AIC Policy, #3 Exhibit 3 - StarStone Policy, #4 Exhibit 4 - Judgment, #5 Attachment - Civil Cover Sheet)(mg) |
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