Caliber Holdings LLC v. Continental Casualty Company
Plaintiff: Caliber Holdings LLC
Defendant: Continental Casualty Company, Liberty Mutual Fire Insurance Company and Liberty Insurance Corporation
Case Number: 4:2023cv00912
Filed: October 13, 2023
Court: US District Court for the Eastern District of Texas
Presiding Judge: Sean D Jordan
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1132 E.R.I.S.A.
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2023 Filing 24 AFFIDAVIT in Support re #22 CORRECTED MOTION to Change Venue to the United States District Court for the Central District of California, Which Is Opposed by Continental Casualty Company. (Dunlop Gates, Pamela)
December 6, 2023 Filing 23 AFFIDAVIT in Support re #22 CORRECTED MOTION to Change Venue to the United States District Court for the Central District of California, Which Is Opposed by Continental Casualty Company. (Attachments: #1 Exhibit 2022-02-15 Email, #2 Exhibit 2023-09-14 Letter)(Dunlop Gates, Pamela)
December 6, 2023 Filing 22 CORRECTED MOTION to Change Venue to the United States District Court for the Central District of California, Which Is Opposed by Continental Casualty Company. (Attachments: #1 Proposed Order, #2 Appendix Index of Exhibits, #3 Exhibit Eric Cottrell Complaint, #4 Exhibit Caliber Holdings, LLC's Complaint against Zurich American Insurance Company, #5 Exhibit Zurich's Answer to Caliber's Complaint, #6 Exhibit EMCOR's Complaint-in-Intervention, #7 Exhibit Caliber's Motion for Partial Summary Judgment, #8 Exhibit Order Granting Caliber's Motion for Partial Summary Judgment, #9 Exhibit Joint Stipulation to Stay Case, #10 Exhibit Order Granting Joint Stipulation to Stay Case, #11 Exhibit Caliber's Motion for Partial Lift of Stay, #12 Exhibit Declaration ISO Caliber's Motion for Partial Lift of Stay, #13 Exhibit PACER Docket Report re USDC Central District of California Case No. 2:22-cv-04384-JLS-MAA, #14 Exhibit 2022-02-15 Email, #15 Exhibit 2023-09-14 Letter, #16 Exhibit Meet and Confer Scheduling Email Thread, #17 Exhibit 2023-11-22 ECF Notice of Filing, #18 Exhibit California Civil Code Section 2860)(Dunlop Gates, Pamela)
December 5, 2023 Filing 21 Fed. R. Civ. P. 7.1(a)(1) AND (2) Disclosure Statement filed by Continental Casualty Company identifying Corporate Parent Loews Corporation, Corporate Parent CNA Financial Corporation, Corporate Parent The Continental Corporation for Continental Casualty Company. (Dunlop Gates, Pamela)
December 5, 2023 Filing 20 CORRECTED AFFIDAVIT in Support re #17 OPPOSED MOTION to Change Venue to the United States District Court for the Central District of California by Continental Casualty Company. (Attachments: #1 Exhibit 2022-02-15 Email, #2 Exhibit 2023-09-14 Letter)(Dunlop Gates, Pamela)
December 5, 2023 Filing 19 AFFIDAVIT in Support re #17 OPPOSED MOTION to Change Venue to the United States District Court for the Central District of California by Continental Casualty Company. (Dunlop Gates, Pamela)
December 5, 2023 Filing 18 AFFIDAVIT in Support re #17 OPPOSED MOTION to Change Venue to the United States District Court for the Central District of California by Continental Casualty Company. (Dunlop Gates, Pamela)
December 5, 2023 Filing 17 OPPOSED MOTION to Change Venue to the United States District Court for the Central District of California by Continental Casualty Company. (Attachments: #1 Proposed Order, #2 Appendix Index of Exhibits, #3 Exhibit Eric Cottrell Complaint, #4 Exhibit Caliber Holding, LLC's Complaint against Zurich American Insurance Company, #5 Exhibit Zurich's Answer to Caliber Complaint, #6 Exhibit EMCOR's Complaint in Intervention, #7 Exhibit Caliber's Motion for Partial Summary Judgment, #8 Exhibit Order Granting Caliber's Motion for Partial Summary Judgment, #9 Exhibit Joint Stipulation to Stay Case, #10 Exhibit Order Granting Joint Stipulation to Stay Case, #11 Exhibit Caliber's Motion for Partial Lift of Stay, #12 Exhibit Declaration ISO Caliber's Motion for Partial Lift of Stay, #13 Exhibit PACER Docket Report re USDC Central District of California Case No. 2:22-cv-04384-JLS-MAA, #14 Exhibit 2022-02-15 Email, #15 Exhibit 2023-09-14 Letter, #16 Exhibit Meet and Confer Scheduling Email Thread, #17 Exhibit 2023-11-22 ECF Notice of Filing, #18 Exhibit California Civil Code Section 2860)(Dunlop Gates, Pamela) Modified on 12/6/2023 (jmb, ).
December 5, 2023 Filing 16 Subject to and Without Waiving its Motion to Transfer Venue to the United States District Court for the Central District of California Pursuant to 28 U.S.C. Section 1404(a), Defendant Continental Casualty Company's ANSWER to #11 Amended Complaint, by Continental Casualty Company. (Attachments: #1 Exhibit EMCOR Policy-Part 1, #2 Exhibit EMCOR Policy-Part 2, #3 Exhibit EMCOR Policy-Part 3, #4 Exhibit EMCOR Policy-Part 4, #5 Exhibit EMCOR Policy-Part 5, #6 Exhibit EMCOR Policy-Part 6, #7 Exhibit EMCOR Policy-Part 7, #8 Exhibit EMCOR Policy-Part 8, #9 Exhibit EMCOR Policy-Part 9, #10 Exhibit EMCOR Policy-Part 10, #11 Exhibit EMCOR Policy-Part 11, #12 Exhibit EMCOR Policy-Part 12, #13 Exhibit EMCOR Policy-Part 13, #14 Exhibit EMCOR Policy-Part 14)(Dunlop Gates, Pamela)
December 4, 2023 Filing 15 SUMMONS Returned Executed by Caliber Holdings LLC. Liberty Mutual Fire Insurance Company served on 11/30/2023. (Smith, Melissa)
December 4, 2023 Filing 14 SUMMONS Returned Executed by Caliber Holdings LLC. Liberty Insurance Corporation served on 11/30/2023. (Smith, Melissa)
November 27, 2023 Filing 13 SUMMONS Issued as to Liberty Mutual Fire Insurance Company. (jmb, )
November 27, 2023 Filing 12 SUMMONS Issued as to Liberty Insurance Corporation. (jmb, )
November 22, 2023 Filing 11 AMENDED COMPLAINT against Continental Casualty Company, Liberty Mutual Fire Insurance Company, Liberty Insurance Corporation, filed by Caliber Holdings LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Smith, Melissa)
November 3, 2023 Filing 10 NOTICE of Attorney Appearance by Charlotte Elizabeth Leszinske on behalf of Caliber Holdings LLC (Leszinske, Charlotte)
October 31, 2023 Opinion or Order Filing 9 ORDER granting #7 Motion for Extension of Time to Answer. Signed by District Judge Sean D. Jordan on 10/31/2023. (dlw, )
October 31, 2023 Answer Due Deadline Updated for Continental Casualty Company to 11/30/2023. (dlw, )
October 30, 2023 Filing 8 Fed. R. Civ. P. 7.1(a)(1) AND (2) Disclosure Statement filed by Continental Casualty Company identifying Corporate Parent Loews Corporation, Corporate Parent CNA Financial Corporation, Corporate Parent The Continental Corporation for Continental Casualty Company. (Dunlop Gates, Pamela)
October 30, 2023 Filing 7 UNOPPOSED MOTION for Extension of Time to File Answer re #1 Complaint, by Continental Casualty Company. (Attachments: #1 Proposed Order Proposed Order)(Dunlop Gates, Pamela)
October 24, 2023 Filing 6 NOTICE of Attorney Appearance - Pro Hac Vice by Latosha M. Ellis on behalf of Caliber Holdings LLC. Filing fee $ 100, receipt number ATXEDC-9774648. (Ellis, Latosha)
October 24, 2023 Filing 5 NOTICE of Attorney Appearance - Pro Hac Vice by Michael S Levine on behalf of Caliber Holdings LLC. Filing fee $ 100, receipt number ATXEDC-9774565. (Levine, Michael)
October 16, 2023 Filing 4 SUMMONS Issued as to Continental Casualty Company. (rpc, )
October 13, 2023 Case Assigned to District Judge Sean D. Jordan. (rpc, )
October 13, 2023 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, )
October 13, 2023 Filing 3 DEMAND for Trial by Jury by Caliber Holdings LLC. (Smith, Melissa)
October 13, 2023 Filing 2 Fed. R. Civ. P. 7.1(a)(1) AND (2) Disclosure Statement filed by Caliber Holdings LLC (Smith, Melissa)
October 13, 2023 Filing 1 COMPLAINT against Continental Casualty Company ( Filing fee $ 402 receipt number ATXEDC-9757266.), filed by Caliber Holdings LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Smith, Melissa)

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Plaintiff: Caliber Holdings LLC
Represented By: Melissa Richards Smith
Represented By: Charlotte Elizabeth Leszinske
Represented By: Latosha M. Ellis
Represented By: Michael S Levine
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Defendant: Continental Casualty Company
Represented By: Pamela Dunlop Gates
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Defendant: Liberty Mutual Fire Insurance Company
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Defendant: Liberty Insurance Corporation
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