Tristar Risk Management et al v. American Liberty Insurance
Plaintiff: Tristar Risk Management and Tristar Managed Care
Defendant: American Liberty Insurance
Case Number: 2:2016cv00476
Filed: June 3, 2016
Court: US District Court for the District of Utah
Office: Central Office
County: Utah
Presiding Judge: David Nuffer
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 29, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 29, 2018 Opinion or Order Filing 34 STIPULATED ORDER granting #33 Motion to Dismiss With Prejudice - CASE CLOSED. Signed by Judge David Nuffer on 1/29/18 (alt)
January 26, 2018 Filing 33 Stipulated MOTION to Dismiss with Prejudice filed by Defendant American Liberty Insurance. (Attachments: #1 Text of Proposed Order)(Roberts, Gregory)
January 26, 2018 Opinion or Order Filing 32 STATUS REPORT ORDER Status Report due by 2/2/2018.The parties indicated in the #31 Notice of Settlement that they would file a motion of dismissal within 30 days of the #31 notice. That time period has passed. The parties shall confer and jointly file a report stating the status of the case or file the dismissal motion no later than Friday February 2, 2018. Signed by Judge David Nuffer on 01/26/18. (akj)
November 17, 2017 Filing 31 NOTICE of Settlement by Tristar Risk Management (Smith, Timothy)
November 17, 2017 Opinion or Order Filing 30 ORDER granting #29 Motion for Extension of Time to File Response/Reply re #28 Defendant's MOTION for Summary Judgment on its Counterclaim: Response due by 11/16/2017. Signed by Judge David Nuffer on 11/17/17 (alt)
November 2, 2017 Filing 29 MOTION for Extension of Time to File Response/Reply as to #28 Defendant's MOTION for Summary Judgment and Memorandum in Support on its Counterclaim filed by Plaintiffs Tristar Managed Care, Tristar Risk Management. (Attachments: #1 Text of Proposed Order Granting Extension of Time for Plaintiff to Respond to Motion for Summary Judgment on Counterclaim)(Smith, Timothy)
October 6, 2017 NOTICE VACATING FINAL PRETRIAL CONFERENCE previously set for Monday, 10/16/2017 at 2:30 p.m. and 4-DAY JURY TRIAL previously set for 10/30/2017 at 8:00 a.m. HEARING set for before Judge David Nuffer (asb)
October 5, 2017 Filing 28 Defendant's MOTION for Summary Judgment and Memorandum in Support on its Counterclaim filed by Defendant American Liberty Insurance. (Attachments: #1 Exhibit A - Claims Service Agreement, #2 Exhibit B - State Action Complaint, #3 Exhibit C - Demand for Defense and Indemnity, #4 Exhibit D - Order Granting ALIC's Motion to Dismiss, #5 Exhibit E - Indemnity Demand)(Roberts, Gregory)
September 14, 2017 Filing 27 STATUS REPORT by American Liberty Insurance. (Roberts, Gregory)
August 31, 2017 Opinion or Order Filing 26 TRIAL ORDER with instructions to counsel: Proposed Voir Dire due 9/25/2017. Proposed Jury Instructions due 9/25/2017. Final Pretrial Conference set for 10/16/2017 at 02:30 PM in Rm 3.100 before Judge David Nuffer. 4-Day Jury Trial set to begin 10/30/2017 at 08:00 AM in Rm 3.100 before Judge David Nuffer. Signed by Judge David Nuffer on 8/31/2017. (blh)
August 31, 2017 Opinion or Order Filing 25 MEMORANDUM DECISION and ORDER granting #11 Defendant's Motion for Summary Judgment. Plaintiffs' Complaint is dismissed. Signed by Judge David Nuffer on 8/31/2017. (blh)
January 16, 2017 Filing 24 REQUEST to Submit for Decision regarding Defendant's Motion for Summary Judgment filed by Defendant American Liberty Insurance. (Roberts, Gregory)
November 4, 2016 Filing 23 REPLY to Response to Motion re #11 MOTION for Summary Judgment filed by Defendant American Liberty Insurance. (Attachments: #1 Exhibit A - Reconciliation Chart, #2 Exhibit B - Responses to Statement of Undisputed Additional Facts)(Roberts, Gregory)
October 27, 2016 Opinion or Order Filing 22 ORDER granting #21 Motion for Extension of Time to File Response/Reply re #11 MOTION for Summary Judgment: Reply memo due by 11/4/2016. Signed by Judge David Nuffer on 10/27/16 (alt)
October 26, 2016 Filing 21 Stipulated MOTION for Extension of Time to File Response/Reply filed by Defendant American Liberty Insurance. (Attachments: #1 Text of Proposed Order)(Roberts, Gregory)
October 14, 2016 Filing 20 Plaintiff's MEMORANDUM in Opposition re #11 MOTION for Summary Judgment filed by Plaintiffs Tristar Managed Care, Tristar Risk Management. (Attachments: #1 Exhibit A - Declaraton of Thomas Veale)(Smith, Timothy)
October 13, 2016 Opinion or Order Filing 19 ORDER granting #17 Motion to Set Aside 15 Order on Motion for Summary Judgment. Signed by Judge David Nuffer on 10/13/16 (alt)
October 13, 2016 Opinion or Order Filing 18 ORDER granting #16 Motion for Extension of Time to File Response/Reply re #11 MOTION for Summary Judgment: Response due by 10/14/2016. Signed by Judge David Nuffer on 10/13/16 (alt)
October 12, 2016 Filing 17 MOTION to Set Aside 15 Order on Motion for Summary Judgment,, (Unopposed) filed by Plaintiffs Tristar Managed Care, Tristar Risk Management. (Attachments: #1 Text of Proposed Order Proposed Order granting Unopposed Motion to Set Aside Order)(Smith, Timothy)
October 12, 2016 Filing 16 Stipulated MOTION for Extension of Time to File Response/Reply as to #11 MOTION for Summary Judgment filed by Plaintiffs Tristar Managed Care, Tristar Risk Management. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of Time to Respond to Motion for Summary Judgment)(Smith, Timothy)
October 11, 2016 Opinion or Order Filing 15 SET ASIDE PER #19 ORDER - DOCKET TEXT ORDER taking under advisement #11 Motion for Summary Judgment No opposition memorandum has been filed. Under # DUCivR 7-1(d) "Failure to respond timely to a motion may result in the court's granting the motion without further notice." The court will rule on the state of the record as of 4:00 p.m. October 21, 2016. Signed by Judge David Nuffer on 10/11/16. No attached document. (kjw) Modified on 10/13/2016: added 'set aside' text (alt)
September 14, 2016 Opinion or Order Filing 14 DOCKET TEXT ORDER - The court orders the parties to follow the Short Form Discovery Motion procedure as outlined in the attached document in this case for all discovery disputes arising after this date. Signed by Judge David Nuffer on 9/14/2016. (jds)
September 12, 2016 Opinion or Order Filing 13 SCHEDULING ORDER: Initial Pretrial Conference vacated. Amended Pleadings due by 10/28/2016. Joinder of Parties due by 10/28/2016. Expert Discovery due by 4/17/2017. Motions due by 5/26/2017. Final Pretrial Conference set for 10/16/2017 at 02:30 PM in Rm 3.100 before Judge David Nuffer. 4-Day Jury Trial set for 10/30/2017 at 08:30 AM in Rm 3.100 before Judge David Nuffer. Signed by Magistrate Judge Evelyn J. Furse on 9/8/16 (alt)
August 25, 2016 Filing 12 REPORT OF ATTORNEY PLANNING MEETING. (Smith, Timothy)
August 15, 2016 Filing 11 MOTION for Summary Judgment and Memorandum in Support filed by Defendant American Liberty Insurance. (Attachments: #1 Exhibit A - Claims Service Agreement, #2 Exhibit B - Intermountain Facility Services Agreement, #3 Exhibit C - Client Service Instructions, #4 Exhibit D - Declaration of Truman B. Child in Support of Defendant's Motion for Summary Judgment, #5 Exhibit E - Demand for Arbitration)(Roberts, Gregory)
August 11, 2016 Filing 10 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/documents/ipt.htmlIf counsel or the parties would like to participate by phone they must contact the IPT Clerk by email at least two days in advance at #ipt@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 9/14/2016 at 10:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (jds)
August 9, 2016 Filing 9 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (asb)
August 8, 2016 Filing 8 ANSWER to #7 Counterclaim and Affimative Defenses filed by Tristar Risk Management.(Smith, Timothy)
July 22, 2016 Filing 7 ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Tristar Risk Management filed by American Liberty Insurance. Attorney Gregory S. Roberts added to party American Liberty Insurance(pty:dft)(Roberts, Gregory)
July 7, 2016 Filing 6 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Tristar Risk Management, Tristar Managed Care as to American Liberty Insurance served on 6/24/2016, answer due 7/15/2016. (Smith, Timothy)
June 7, 2016 Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to American Liberty Insurance. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (dsf)
June 6, 2016 Opinion or Order Filing 4 AMENDED ORDER FOR SCHEDULE. Signed by Judge David Nuffer on 6/6/16 (alt)
June 6, 2016 Opinion or Order Filing 3 ORDER FOR SCHEDULE. Signed by Judge David Nuffer on 6/6/16 (alt)
June 3, 2016 Filing 2 COMPLAINT against All Defendants (Filing fee $ 400, receipt number 1088-2518625) filed by Tristar Risk Management, Tristar Managed Care. (Attachments: #1 Exhibit Exhibit A - Intermountain Facility Services Agreement, #2 Exhibit Exhibit B - Claims Service Agreement, #3 Exhibit Exhibit C - Client Service Instructions, #4 Exhibit Exhibit D - Arbitration Demand) Assigned to Judge David Nuffer (Smith, Timothy)
June 3, 2016 Filing 1 Case has been indexed and assigned to Judge David Nuffer. Plaintiffs Tristar Managed Care, Tristar Risk Management is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (dla)

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Defendant: American Liberty Insurance
Represented By: Gregory S. Roberts
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Plaintiff: Tristar Risk Management
Represented By: J. Angus Edwards
Represented By: Timothy B. Smith
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Plaintiff: Tristar Managed Care
Represented By: J. Angus Edwards
Represented By: Timothy B. Smith
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