Luke, Inc. v. Berkley National Insurance Company
| Luke, Inc. |
| Berkley National Insurance Company |
| Clerk W. Aaron Hall |
| 2:2024cv02048 |
| January 25, 2024 |
| US District Court for the Western District of Tennessee |
| Charmiane G Claxton |
| Jon Phipps McCalla |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on March 21, 2024. A more recent docket listing may be available from PACER.
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Filing 28
Order GRANTING #26 Motion for Leave to Appear Pro Hac Vice (Kolb). Signed by Judge Jon Phipps McCalla on 03/21/2024. (eoc)
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| Filing 27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 11, 2024 Court Reporter Polly Wardlaw, Telephone number 901-495-1536. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Notice of Intent to Request Redaction due 3/20/2024. Redaction Request due 4/5/2024. Release of Transcript Restriction set for 6/13/2024. (pww) |
| Filing 26 MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Fee paid as part of previous filing) by Berkley National Insurance Company. (Kolb, William) |
| Filing 25 Corporate Disclosure Statement by Luke, Inc.. (Dennen, Keith) |
| Filing 24 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #23 MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-4363330) filed by Berkley National Insurance Company has been filed. However, the following deficiency has been found: Filer failed to include the required TWO certificates of good standing. One from a District Court (included in your motion) and one from the highest court in the state of which you are licensed. This motion will be termed, pending correct submission. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-4363330) by Berkley National Insurance Company. (Attachments: #1 Certificate of Good Standing)(Kolb, William) |
| Filing 22 SETTING LETTER: A TELEPHONIC SCHEDULING CONFERENCE pursuant to Rule 16(b) of the Federal Rules of Civil Procedure is SET for MONDAY, APRIL 1, 2024 at 9:30 A.M. (CT) before United States District Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
| Filing 21 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Scheduling Conference held on 3/11/2024. Keith Dennen appeared for the plaintiff. William Kolb, Robert Parsley, and Thomas Cellilli appeared for the defendant. This diversity action arises out of water damage to a building Plaintiff owned. (ECF Nos. 1-1 paragraphs 6-8, 13; 18).Initial disclosures discussed, including issues related to certificates of need and occupancy. The Court continued the Telephonic Scheduling Conference to allow parties additional time to prepare for the conference. A Telephonic Scheduling Conference is set for Monday, April 1, 2024 at 9:30 AM (CT). The Notice of Setting will provide call-in information. (Court Reporter: Polly Wardlaw) (jrs) |
| Filing 20 REPORT of Rule 26(f) Planning Meeting . (Parsley, Robert) |
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Filing 19
Order GRANTING #15 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 02/20/2024. (eoc)
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| Filing 18 ANSWER to Complaint by Berkley National Insurance Company.(Steelman, Erin) |
| Filing 17 SETTING LETTER: A TELEPHONIC SCHEDULING CONFERENCE pursuant to Rule 16(b) of the Federal Rules of Civil Procedure is RESET to MONDAY, MARCH 11, 2024 at 10:45 A.M. (CT) before United States District Judge Jon Phipps McCalla.To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
| Filing 16 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #15 MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-4343617) filed by Berkley National Insurance Company has been filed. For future reference, please note : Proposed orders are not to be published on ECF, but only emailed to chambers in word format. If no order previously emailed, please do so upon receipt of this notice. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-4343617) by Berkley National Insurance Company. (Attachments: #1 Certification of Good Standing SDNY, #2 Certificate of Good Standing NY Appellate Court, #3 Proposed Order)(Cellilli, Thomas) |
| Filing 14 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #13 MOTION for Leave to Appear Pro Hac Vice of Thomas Cellilli (Proposed Order submitted) (Filing fee $ 150 receipt number ATNWDC-4342263) filed by Berkley National Insurance Company has been filed. However, the following deficiency has been found: Attorneys are required to file their own PHV motion. Please review the instructions on our website for how to apply for pro hac vice. This motion will be termed pending correct attorney submission. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice of Thomas Cellilli (Proposed Order submitted) (Filing fee $ 150 receipt number ATNWDC-4342263) by Berkley National Insurance Company. (Attachments: #1 Exhibit Certificate of Good Standing NY Appellate Court, #2 Exhibit Certificate of Good Standing SDNY)(Steelman, Erin) |
| Filing 12 SETTING LETTER: A TELEPHONIC SCHEDULING CONFERENCE pursuant to Rule 16(b) of the Federal Rules of Civil Procedure has been RESET to WEDNESDAY, FEBRUARY 28, 2024 at 10:45 A.M. (CT) before United States District Judge Jon Phipps McCalla.To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
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Filing 11
Order GRANTING #10 Motion for Extension of Time to Answer. Signed by Judge Jon Phipps McCalla on 01/30/2024. (eoc)
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| Filing 10 MOTION for Extension of Time to File Answer re #1 Notice of Removal, (Unopposed Motion to Extend Deadline to Answer - Proposed Order submitted) by Berkley National Insurance Company. (Attachments: #1 Exhibit Proposed Order)(Steelman, Erin) |
| Filing 9 NOTICE of Appearance by Erin Elizabeth Steelman on behalf of Berkley National Insurance Company (Steelman, Erin) |
| Filing 8 SETTING LETTER: A TELEPHONIC SCHEDULING CONFERENCE pursuant to Rule 16(b) of the Federal Rules of Civil Procedure is SET for THURSDAY, FEBRUARY 15, 2024 at 1:30 P.M. (CT) before United States District Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
| Filing 7 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (agj) |
| Filing 6 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (agj) |
| Filing 5 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (agj) |
| Filing 4 Judge Jon Phipps McCalla and Magistrate Judge Charmiane G. Claxton added. (agj) |
| Filing 3 NOTICE by Berkley National Insurance Company of Having Informed State Court of Removal (Parsley, Robert) |
| Filing 2 Corporate Disclosure Statement by Berkley National Insurance Company identifying Corporate Parent W.R. Berkley Corporation for Berkley National Insurance Company.. (Parsley, Robert) |
| Filing 1 NOTICE OF REMOVAL by Berkley National Insurance Company from Chancery Court for Shelby County, Tennessee, case number CH-23-1560 (Filing fee $ 405 receipt number ATNWDC-4327122), filed by Berkley National Insurance Company. (Attachments: #1 Exhibit A - State court filings, #2 Exhibit B - Declaration of Parsley, #3 Civil Cover Sheet)(Parsley, Robert) |
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