Superior Silica Sands LLC v. Zurich American Insurance Company et al
Plaintiff: Superior Silica Sands LLC
Defendant: Ironshore Specialty Insurance Company, Zurich American Insurance Co., Evanston Insurance Company, Allied World Assurance Company (U.S.) Inc, Westport Insurance Corporation, Liberty Mutual Fire Insurance Company, HDI Global Insurance Company, AXIS Surplus Insurance Company, Zurich American Insurance Co and Allied World Assurance Company (US) Inc
Case Number: 3:2020cv00245
Filed: January 30, 2020
Court: US District Court for the Northern District of Texas
Presiding Judge: David C Godbey
Nature of Suit: Contract: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 26, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 26, 2021 Opinion or Order Filing 53 ELECTRONIC ORDER finding as moot #49 Motion to Extend Time per #50 Order. (Ordered by Judge David C Godbey on 3/26/2021) (chmb)
February 26, 2021 Opinion or Order Filing 52 ELECTRONIC ORDER granting #51 Application for Admission Pro Hac Vice of Nicholas R. Maxwell. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge David C Godbey on 2/26/2021) (chmb)
February 23, 2021 Filing 51 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Nicholas R. Maxwell (Filing fee $100; Receipt number 0539-11627028) filed by Superior Silica Sands LLC (Attachments: #1 Additional Page(s) Addendum, #2 Certificate of Good Standing, #3 Proposed Order) (Callahan, Steven)
February 19, 2021 Opinion or Order Filing 50 ORDER granting #49 Motion to Continue. Discovery due by 3/15/2021. Deadline for mediation is on or before 6/25/2021. Motions due by 6/25/2021. Pretrial Materials due by 7/22/2021. Pretrial Order due by 7/22/2021. Jury Trial set for 8/23/2021 before Judge David C Godbey. (Ordered by Judge David C Godbey on 2/19/2021) (ndt)
February 11, 2021 Filing 49 Joint MOTION to Continue , Joint MOTION to Extend Time for Discovery() filed by Axis Surplus Insurance Company, Evanston Insurance Company, HDI Global Insurance Company, Liberty Mutual Fire Insurance Company, Zurich American Insurance Co (Attachments: #1 Proposed Order) (DuBose, Dustin)
February 1, 2021 Filing 48 STIPULATION OF DISMISSAL Regarding Claims Against Westport Insurance Corporation by Superior Silica Sands LLC. (Callahan, Steven)
January 26, 2021 Opinion or Order Filing 47 ORDER granting #46 Motion to Withdraw as Attorney. Attorney Alexandra Easley and Robert M Manley terminated (Ordered by Judge David C Godbey on 1/26/2021) (oyh)
January 19, 2021 Filing 46 Unopposed MOTION to Withdraw as Attorney and Substitute Counsel filed by Superior Silica Sands LLC (Attachments: #1 Proposed Order) (Callahan, Steven)
January 19, 2021 Filing 45 NOTICE of Lead Counsel's Change of Contact Information filed by Superior Silica Sands LLC (Callahan, Steven)
January 19, 2021 Filing 44 NOTICE of Attorney Appearance by Steven Chase Callahan for Brett Maurice Charhon on behalf of Superior Silica Sands LLC. (Callahan, Steven)
January 19, 2021 Filing 43 NOTICE of Attorney Appearance by Steven Chase Callahan on behalf of Superior Silica Sands LLC. (Filer confirms contact info in ECF is current.) (Callahan, Steven)
October 23, 2020 Opinion or Order Filing 42 ELECTRONIC ORDER granting #40 Application for Admission Pro Hac Vice of Christina G. Jackson. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge David C Godbey on 10/23/2020) (chmb)
October 21, 2020 Filing 41 NOTICE of Attorney Appearance by Christina G Jackson on behalf of Axis Surplus Insurance Company, Evanston Insurance Company, HDI Global Insurance Company, Westport Insurance Corporation, Zurich American Insurance Co. (Filer confirms contact info in ECF is current.) (Jackson, Christina)
October 21, 2020 Filing 40 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Christina G. Jackson (Filing fee $100; Receipt number 0539-11286990) filed by Axis Surplus Insurance Company, Evanston Insurance Company, HDI Global Insurance Company, Westport Insurance Corporation, Zurich American Insurance Co (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Ortiz, Andrea)
October 21, 2020 Filing 39 STIPULATION OF DISMISSAL with Defendant Allied World Assurance Company by Superior Silica Sands LLC. (Manley, Robert)
June 19, 2020 Filing 38 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Evanston Insurance Company identifying Corporate Parent/Other Affiliate Markel Corporation for Evanston Insurance Company. (Ortiz, Andrea)
June 19, 2020 Filing 37 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by HDI Global Insurance Company identifying Corporate Parent/Other Affiliate HDI Global SE, Corporate Parent/Other Affiliate The Talanx Group for HDI Global Insurance Company. (Ortiz, Andrea)
June 19, 2020 Filing 36 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Allied World Assurance Company (US) Inc identifying Corporate Parent/Other Affiliate Fairfax Financial Holdings Limited, Corporate Parent/Other Affiliate Allied World Assurance Holdings (U.S.) Inc., Corporate Parent/Other Affiliate Allied World Assurance Company Holdings, Ltd, Corporate Parent/Other Affiliate Allied World Assurance Company, Ltd., Corporate Parent/Other Affiliate Allied World Assurance Holdings (Ireland) Ltd., Corporate Parent/Other Affiliate Allied World Insurance Company, Corporate Parent/Other Affiliate Allied World Assurance Company Holdings I, Ltd, Corporate Parent/Other Affiliate 1102952 B.C. Unlimited Liability Company, Corporate Parent/Other Affiliate OCM Goldfish Inc., Corporate Parent/Other Affiliate OMERS Administration Corporation, Corporate Parent/Other Affiliate Prem Watsa for Allied World Assurance Company (US) Inc. (Ortiz, Andrea)
June 19, 2020 Filing 35 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Westport Insurance Corporation identifying Corporate Parent/Other Affiliate Swiss Re Ltd., Corporate Parent/Other Affiliate SR Corporate Solutions America Holding Corporation, Corporate Parent/Other Affiliate Swiss Re Corporate Solutions Ltd. for Westport Insurance Corporation. (Ortiz, Andrea)
June 19, 2020 Filing 34 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Axis Surplus Insurance Company identifying Corporate Parent/Other Affiliate AXIS Capital Holdings Limited, Corporate Parent/Other Affiliate AXIS Insurance Company, Corporate Parent/Other Affiliate AXIS Specialty U.S. Holdings, Inc., Corporate Parent/Other Affiliate AXIS Specialty Global Holdings Limited for Axis Surplus Insurance Company. (Ortiz, Andrea)
June 19, 2020 Filing 33 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Zurich American Insurance Co identifying Corporate Parent/Other Affiliate Zurich Holding Company of America, Inc., Corporate Parent/Other Affiliate Zurich Insurance Group Ltd, Corporate Parent/Other Affiliate Zurich Insurance Company Ltd for Zurich American Insurance Co. (Ortiz, Andrea)
May 15, 2020 Filing 32 STIPULATION OF DISMISSAL by Superior Silica Sands LLC. (Manley, Robert)
April 22, 2020 Filing 31 NOTICE of Attorney Appearance by William D Taylor on behalf of Allied World Assurance Company (US) Inc, Axis Surplus Insurance Company, Evanston Insurance Company, HDI Global Insurance Company, Westport Insurance Corporation, Zurich American Insurance Co. (Filer confirms contact info in ECF is current.) (Taylor, William)
April 17, 2020 Opinion or Order Filing 30 ORDER granting #26 Motion to Substitute Attorney. (Ordered by Judge David C Godbey on 4/17/2020) (mla)
April 17, 2020 Opinion or Order Filing 29 STIPULATION AND ORDER PURSUANT TO FEDERAL RULE OF EVIDENCE 502(d). (Ordered by Judge David C Godbey on 4/17/2020) (ykp)
April 17, 2020 Opinion or Order Filing 28 ELECTRONIC ORDER granting #27 Application for Admission Pro Hac Vice of Dustin L. DuBose. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge David C Godbey on 4/17/2020) (chmb)
April 14, 2020 Filing 27 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10766627) filed by Allied World Assurance Company (US) Inc, Axis Surplus Insurance Company, Evanston Insurance Company, HDI Global Insurance Company, Westport Insurance Corporation, Zurich American Insurance Co (Attachments: #1 Attachment, #2 Certificate of Good Standing, #3 Proposed Order) (DuBose, Dustin)
April 10, 2020 Filing 26 MOTION to Substitute Attorney, added attorney Andrea A Ortiz,Andrea A Ortiz for Axis Surplus Insurance Company,Andrea A Ortiz for Evanston Insurance Company,Andrea A Ortiz for Westport Insurance Corporation,Andrea A Ortiz for HDI Global Insurance Company,Andrea A Ortiz for Allied World Assurance Company (US) Inc,Andrea A Ortiz for Zurich American Insurance Co. Motion filed by Axis Surplus Insurance Company, Evanston Insurance Company, Westport Insurance Corporation, HDI Global Insurance Company, Allied World Assurance Company (US) Inc, Zurich American Insurance Co (Attachments: #1 Proposed Order Proposed Order)Attorney Andrea A Ortiz added to party Allied World Assurance Company (US) Inc(pty:dft), Attorney Andrea A Ortiz added to party Axis Surplus Insurance Company(pty:dft), Attorney Andrea A Ortiz added to party Evanston Insurance Company(pty:dft), Attorney Andrea A Ortiz added to party HDI Global Insurance Company(pty:dft), Attorney Andrea A Ortiz added to party Westport Insurance Corporation(pty:dft), Attorney Andrea A Ortiz added to party Zurich American Insurance Co(pty:dft) (Ortiz, Andrea)
April 7, 2020 Opinion or Order Filing 25 PROTECTIVE ORDER granting #24 Motion for Protective Order. (Ordered by Judge David C Godbey on 4/7/2020) (mla)
March 30, 2020 Filing 24 Unopposed MOTION for Protective Order filed by Superior Silica Sands LLC (Attachments: #1 Proposed Order) (Manley, Robert)
March 23, 2020 Opinion or Order Filing 23 SCHEDULING ORDER: Jury Trial set for 6/21/2021 before Judge David C Godbey. Deadline for mediation is on or before 12/25/2020. Amended Pleadings due by 8/17/2020. Discovery due by 1/15/2021. Joinder of Parties due by 8/17/2020. Motions due by 4/16/2021. (Ordered by Judge David C Godbey on 3/23/2020) (epm)
March 23, 2020 Filing 22 Joint STATUS REPORT Initial Status & Scheduling Conference filed by Superior Silica Sands LLC. (Manley, Robert)
March 9, 2020 Opinion or Order Filing 21 ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE: The parties are directed to confer within 14 days of the date of this Order and report to the Court within 14 days after the conference the parties' position. (Ordered by Judge David C Godbey on 3/9/2020) (chmb)
March 9, 2020 Filing 20 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ironshore Specialty Insurance Company identifying Corporate Parent/Other Affiliate Ironshore Holdings (US) Inc for Ironshore Specialty Insurance Company Role. (Attachments: #1 Additional Page(s)) (Tillman, Mark) Modified corporate parent on 3/12/2020 (mla).
March 9, 2020 Filing 19 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Liberty Mutual Fire Insurance Company identifying Corporate Parent/Other Affiliate Liberty Mutual Group Inc; Corporate Parent/Other Affiliate LMHC Massachusetts Holdings Inc; Corporate Parent/Other Affiliate Liberty Mutual Holding Company Inc for Liberty Mutual Fire Insurance Company. (Attachments: #1 Additional Page(s)) (Tillman, Mark) Modified corporate parent on 3/12/2020 (mla).
March 9, 2020 Filing 18 ANSWER to #1 Complaint filed by Ironshore Specialty Insurance Company, Liberty Mutual Fire Insurance Company. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Tillman, Mark)
February 21, 2020 Opinion or Order Filing 17 ELECTRONIC ORDER granting #16 Motion to Extend Time. Defendants Ironshore Specialty Insurance Company and Liberty Mutual Fire Insurance Company's response to the complaint is due by 3/9/2020. (Ordered by Judge David C Godbey on 2/21/2020) (chmb)
February 20, 2020 Filing 16 Unopposed MOTION to Extend Time to File Initial Responsive Pleadings filed by Ironshore Specialty Insurance Company, Liberty Mutual Fire Insurance Company (Attachments: #1 Proposed Order)Attorney Mark D Tillman added to party Ironshore Specialty Insurance Company(pty:dft), and Liberty Mutual Fire Insurance Company(pty:dft) (Tillman, Mark)
February 20, 2020 Filing 15 ANSWER to #1 Complaint, filed by Allied World Assurance Company (US) Inc, Axis Surplus Insurance Company, Evanston Insurance Company, HDI Global Insurance Company, Westport Insurance Corporation, Zurich American Insurance Co. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Todd M Tippett added to party Allied World Assurance Company (US) Inc(pty:dft), Axis Surplus Insurance Company(pty:dft), Evanston Insurance Company(pty:dft), HDI Global Insurance Company(pty:dft), Westport Insurance Corporation(pty:dft), and Zurich American Insurance Co(pty:dft) (Tippett, Todd) Condensed text on 2/20/2020 (dsr).
February 11, 2020 Filing 14 SUMMONS Returned Executed as to All Defendants. (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s), #5 Additional Page(s), #6 Additional Page(s), #7 Additional Page(s)) (Manley, Robert)
February 7, 2020 Opinion or Order Filing 13 ELECTRONIC ORDER granting #8 Application for Admission Pro Hac Vice of Robin Cohen. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge David C Godbey on 2/7/2020) (chmb)
February 7, 2020 Opinion or Order Filing 12 ELECTRONIC ORDER granting #9 Application for Admission Pro Hac Vice of Kenneth Frenchman. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge David C Godbey on 2/7/2020) (chmb)
February 7, 2020 Opinion or Order Filing 11 ELECTRONIC ORDER granting #10 Application for Admission Pro Hac Vice of Orrie Levy. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge David C Godbey on 2/7/2020) (chmb)
February 5, 2020 Filing 10 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Orrie Levy (Filing fee $100; Receipt number 0539-10597768) filed by Superior Silica Sands LLC (Attachments: #1 Additional Page(s) Certificate of Good Standing) (Manley, Robert)
February 5, 2020 Filing 9 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Ken Frenchman (Filing fee $100; Receipt number 0539-10597757) filed by Superior Silica Sands LLC (Attachments: #1 Additional Page(s) Addendum to Court list, #2 Additional Page(s) Cert. of Good Standing) (Manley, Robert)
February 5, 2020 Filing 8 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Robin Cohen (Filing fee $100; Receipt number 0539-10597728) filed by Superior Silica Sands LLC (Attachments: #1 Additional Page(s) Court List Addendum, #2 Additional Page(s) Cert. of Good Standing) (Manley, Robert)
February 5, 2020 Filing 7 NOTICE of Attorney Appearance by Robert M Manley for Orrie A. Levy on behalf of Superior Silica Sands LLC. (Manley, Robert)
January 31, 2020 Filing 6 Summons Issued as to Allied World Assurance Company (US) Inc, Axis Surplus Insurance Company, Evanston Insurance Company, HDI Global Insurance Company, Ironshore Specialty Insurance Company, Liberty Mutual Fire Insurance Company, Westport Insurance Corporation, Zurich American Insurance Co.. (oyh)
January 31, 2020 Filing 5 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh)
January 30, 2020 Filing 4 Request for Clerk to issue summons filed by Superior Silica Sands LLC. (Attachments: #1 Additional Page(s) Summons, #2 Additional Page(s) Summons, #3 Additional Page(s) Summons, #4 Additional Page(s) Summons, #5 Additional Page(s) Summons, #6 Additional Page(s) Summons, #7 Additional Page(s) Summons) (Manley, Robert)
January 30, 2020 Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Superior Silica Sands LLC identifying Corporate Parent/Other Affiliate Superior Silica Sands LLC for Superior Silica Sands LLC. (Manley, Robert)
January 30, 2020 Filing 2 ADDITIONAL ATTACHMENTS to #1 Complaint, by Plaintiff Superior Silica Sands LLC. (Attachments: #1 Additional Page(s) Addendum) (Manley, Robert)( Cover Sheet and Addendum to Cover Sheet). Modified text on 1/31/2020 (oyh).
January 30, 2020 Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Superior Silica Sands LLC. (Filing Fee $400.00; receipt number 0539-10585356) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H) (Manley, Robert) Modified to add receipt information on 1/31/2020 (cea).

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Search for this case: Superior Silica Sands LLC v. Zurich American Insurance Company et al
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Defendant: Ironshore Specialty Insurance Company
Represented By: Mark D Tillman
Represented By: Michael C Diksa
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Defendant: Zurich American Insurance Co.
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Defendant: Evanston Insurance Company
Represented By: Lindsey P Bruning
Represented By: Todd M Tippett
Represented By: Andrea A Ortiz
Represented By: Dustin L DuBose
Represented By: Christina G Jackson
Represented By: William D Taylor
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Defendant: Allied World Assurance Company (U.S.) Inc
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Defendant: Westport Insurance Corporation
Represented By: Lindsey P Bruning
Represented By: Todd M Tippett
Represented By: Andrea A Ortiz
Represented By: Dustin L DuBose
Represented By: Christina G Jackson
Represented By: William D Taylor
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Defendant: Liberty Mutual Fire Insurance Company
Represented By: Mark D Tillman
Represented By: Michael C Diksa
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Defendant: HDI Global Insurance Company
Represented By: Lindsey P Bruning
Represented By: Todd M Tippett
Represented By: Andrea A Ortiz
Represented By: Dustin L DuBose
Represented By: Christina G Jackson
Represented By: William D Taylor
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Defendant: AXIS Surplus Insurance Company
Represented By: Lindsey P Bruning
Represented By: Todd M Tippett
Represented By: Andrea A Ortiz
Represented By: Dustin L DuBose
Represented By: Christina G Jackson
Represented By: William D Taylor
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Defendant: Zurich American Insurance Co
Represented By: Lindsey P Bruning
Represented By: Todd M Tippett
Represented By: Andrea A Ortiz
Represented By: Dustin L DuBose
Represented By: Christina G Jackson
Represented By: William D Taylor
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Defendant: Allied World Assurance Company (US) Inc
Represented By: Lindsey P Bruning
Represented By: Todd M Tippett
Represented By: Andrea A Ortiz
Represented By: Dustin L DuBose
Represented By: William D Taylor
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Plaintiff: Superior Silica Sands LLC
Represented By: Robert M Manley
Represented By: Kenneth H Frenchman
Represented By: Alexandra Easley
Represented By: Robin L Cohen
Represented By: Orrie A Levy
Represented By: Nicholas R Maxwell
Represented By: Steven Chase Callahan
Represented By: Brett Charhon
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