Evanston Insurance Company et al v. Varsity Brands Holding Company Inc et al

Plaintiff: Evanston Insurance Company, Berkshire Hathaway Specialty Insurance Company and Westchester Fire Insurance Company
Defendant: Varsity Brands Holding Co., Inc., Varsity Brands LLC, Varsity Spirit LLC, Varsity Brands Holding Company Inc, Hercules VB Holdings LLC, Hercules Achievement LLC, Hercules Achievement Holdings LLC and Varsity Brands Inc
Case Number: 3:2024cv00598
Filed: March 11, 2024
Court: US District Court for the Northern District of Texas
Presiding Judge: Ed Kinkeade
Nature of Suit: Contract: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Declaratory Judgment
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 9, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 9, 2024 Filing 17 ELECTRONIC ORDER granting #16 Application for Admission Pro Hac Vice of Fred Alvarez. 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 Ed Kinkeade on 4/9/2024) (chmb)
April 9, 2024 Filing 16 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14526748) filed by Evanston Insurance Company (Attachments: #1 Affidavit(s) Certificate of Good Standing, #2 Proposed Order) (Alvarez, Fred)
April 3, 2024 Filing 15 ELECTRONIC ORDER granting #14 Application for Admission Pro Hac Vice of Kevin A. Lahm. 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 Ed Kinkeade on 4/3/2024) (chmb)
April 3, 2024 Filing 14 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14512500) filed by Evanston Insurance Company (Attachments: #1 Affidavit(s) Certificate of Good Standing, #2 Proposed Order Proposed Order)Attorney Kevin A. Lahm added to party Evanston Insurance Company(pty:pla) (Lahm, Kevin)
March 26, 2024 Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Evanston Insurance Company. (Clerk QC note: Affiliate entry indicated). (Brown, Jeremy)
March 25, 2024 Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Berkshire Hathaway Specialty Insurance Company. (Clerk QC note: Affiliate entry indicated). (Levy, Justin)
March 22, 2024 Filing 11 AMENDED COMPLAINT for Declaratory Judgment against All Defendants filed by Evanston Insurance Company. 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) (Brown, Jeremy)
March 22, 2024 Filing 10 WAIVER OF SERVICE Returned Executed as to Varsity Spirit LLC. Waiver sent on 3/22/2024. (Brown, Jeremy)
March 22, 2024 Filing 9 WAIVER OF SERVICE Returned Executed as to Varsity Brands LLC. Waiver sent on 3/22/2024. (Brown, Jeremy)
March 22, 2024 Filing 8 WAIVER OF SERVICE Returned Executed as to Varsity Brands Holding Company Inc. Waiver sent on 3/22/2024. (Brown, Jeremy)
March 12, 2024 Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Westchester Fire Insurance Company. (Clerk QC note: No affiliate entered in ECF). (Henderson, Lisa)
March 12, 2024 Filing 6 ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 3/12/2024) (chmb)
March 12, 2024 Filing 5 (Document Restricted) Sealed Plaintiff's Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by Evanston Insurance Company (Brown, Jeremy)
March 12, 2024 Filing 4 ELECTRONIC ORDER: Before the Court is Plaintiffs Evanston Insurance Company, Berkshire Hathaway Specialty Insurance Company, and Westchester Fire Insurance Company's Complaint. Doc. No. 1. Plaintiffs purport to bring their case within the Courts diversity jurisdiction. Id. at 3. Accordingly, they must "distinctly and affirmatively" allege the citizenship of each party so that the Court can determine whether each Plaintiff's citizenship differs from the citizenship of each Defendant. Getty Oil Corp., Div. of Texaco, Inc. v. Ins. Co. of N. Am., 841 F.2d 1254, 1259 (5th Cir. 1988) (citation omitted). Having reviewed Plaintiffs' Complaint under its obligation to assess subject matter jurisdiction sua sponte, Howery v. Allstate Ins. Co., 243 F.3d 912, 919 (5th Cir. 2001), the Court concludes that Plaintiffs have not sufficiently alleged the citizenship of Defendant Varsity Brands Holding Co. LLC ("Varsity Holding"). Because Varsity Holding is a limited liability company, its citizenship depends on the citizenship of its members, and Plaintiffs must "specifically allege the citizenship of every member" of the company. MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 314 (5th Cir. 2019) (citation omitted). Plaintiffs' allegation that "none of [the] members of Varsity Holding are citizens of the same states as" Plaintiffs is insufficient. Doc. No. 1 at 2. Plaintiffs must identify each of Varsity Holding's members and affirmatively allege each member's citizenship. Sourcing Mgmt., Inc. v. Simclar, Inc., 2015 WL 2212344, at *4 (N.D. Tex. May 12, 2015) (Lindsay, J.); Birdow v. State Farm Mut. Auto. Ins. Co., 2021 WL 5448973, at *4 (N.D. Tex. Nov. 22, 2021) (Boyle, J.).Accordingly, the Court ORDERS Plaintiffs to amend their Complaint to properly allege Varsity Holding's citizenship no later than March 26, 2024. Failure to properly comply with this order WILL RESULT in dismissal of this case without prejudice. (Ordered by Judge Ed Kinkeade on 3/12/2024) (chmb)
March 12, 2024 Filing 3 Summons Issued as to Varsity Brands Holding Company Inc, Varsity Brands LLC, Varsity Spirit LLC. (kcr)
March 11, 2024 Filing 2 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (kcr)
March 11, 2024 Filing 1 COMPLAINT against All Defendants filed by Evanston Insurance Company. (Filing fee $405; Receipt number ATXNDC-14456080) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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 Cover Sheet) (Brown, Jeremy) (Attachment 4 flattened on 3/12/2024) (kcr).

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Search for this case: Evanston Insurance Company et al v. Varsity Brands Holding Company Inc et al
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Plaintiff: Evanston Insurance Company
Represented By: Jeremy T Brown
Represented By: Charles Brittain Walther
Represented By: Fred Alvarez
Represented By: Kevin A. Lahm
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Plaintiff: Berkshire Hathaway Specialty Insurance Company
Represented By: Justin S Levy
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Plaintiff: Westchester Fire Insurance Company
Represented By: Lisa M Henderson
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Defendant: Varsity Brands Holding Co., Inc.
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Defendant: Varsity Brands LLC
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Defendant: Varsity Spirit LLC
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Defendant: Varsity Brands Holding Company Inc
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Defendant: Hercules VB Holdings LLC
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Defendant: Hercules Achievement LLC
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Defendant: Hercules Achievement Holdings LLC
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Defendant: Varsity Brands Inc
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