Zurich American Insurance et al v. Cottonwood Residential O.P. et al
| Zurich American Insurance and Fidelity and Deposit Company of Maryland |
| Cottonwood Residential O.P., Cottonwood Residential II and Cottonwood Sugarmont |
| 2:2022mc00383 |
| June 7, 2022 |
| US District Court for the District of Utah |
| David Barlow |
| Daphne A Oberg |
| Other Statutes: Arbitration |
| None |
Docket Report
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This docket was last retrieved on August 3, 2022. A more recent docket listing may be available from PACER.
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Filing 23
DOCKET TEXT ORDER denying #15 Motion for Expedited Consideration and Relief. The motion is denied as moot. (See Doc. No. 22). Signed by Magistrate Judge Daphne A. Oberg on 8/3/2022. No attached document. (eh)
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Filing 22
MEMORANDUM DECISION and Order granting #11 Motion to Dismiss - The court lacks subject-matter jurisdiction over the petition; Petitioners have not established either federal-question jurisdiction or diversity jurisdiction. Accordingly, Cottonwood's #11 motion to dismiss is granted and the petition is dismissed without prejudice. Signed by Magistrate Judge Daphne A. Oberg on 08/02/2022. (jl)
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Filing 21
MEMORANDUM in Opposition re #15 MOTION to Expedite Motion for Expedited Consideration and Relief filed by Respondents Cottonwood Residential II, Cottonwood Residential O.P., Cottonwood Sugarmont. Attorney Annika L. Jones added to party Cottonwood Residential II(pty:res), Attorney Annika L. Jones added to party Cottonwood Residential O.P.(pty:res), Attorney Annika L. Jones added to party Cottonwood Sugarmont(pty:res)(Jones, Annika)
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Filing 20
Modification of Docket: Struck #18 Rule 7 Corporate Disclosure Statement as per conversation with counsel there is no parent corporation; please use and refer to #19 Rule 7 Corporate Disclosure Statement as this is the correct one. (jl)
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Filing 19
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Respondent Cottonwood Residential II. (Welch, Benjamin)
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Filing 18
*STRICKEN* CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Respondent Cottonwood Residential II identifying Cottonwood Communities GP Subsidiary, LLC as Corporate Parent. (Welch, Benjamin) Modified by striking per conversation with counsel as there is no parent corporation; #19 is the correct document and filing on 7/28/2022 (jl).
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Filing 17
REPLY to Response to Motion re #11 MOTION to Dismiss Petition to Enforce Arbitral Subpoenas filed by Respondents Cottonwood Residential II, Cottonwood Residential O.P., Cottonwood Sugarmont. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Welch, Benjamin)
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Filing 16
DOCKET TEXT ORDER: Any reply in support of #11 Motion to Dismiss Petition is due by July 27, 2022. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 7/21/2022. (eh)
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Filing 15
MOTION to Expedite Motion for Expedited Consideration and Relief filed by Petitioners Fidelity and Deposit Company of Maryland, Zurich American Insurance. Motions referred to Daphne A. Oberg.(Cantrell, Connor)
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Filing 14
MOTIONS REFERRED - #11 MOTION to Dismiss Petition to Enforce Arbitral Subpoenas, #2 MOTION to Compel Enforce Arbitral Subpoenas. Motions referred to Daphne A. Oberg.(dah)
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Filing 13
RESPONSE to Motion re #11 MOTION to Dismiss Petition to Enforce Arbitral Subpoenas filed by Petitioners Fidelity and Deposit Company of Maryland, Zurich American Insurance. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Cantrell, Connor)
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Filing 12
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Petitioners Fidelity and Deposit Company of Maryland, Zurich American Insurance identifying Zurich American Insurance Company and Fidelity and Deposit Company of Maryland as Corporate Parent. (Cantrell, Connor)
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Filing 11
MOTION to Dismiss Petition to Enforce Arbitral Subpoenas filed by Respondents Cottonwood Residential II, Cottonwood Residential O.P., Cottonwood Sugarmont. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) Attorney Benjamin Tim Welch added to party Cottonwood Residential II(pty:res), Attorney Benjamin Tim Welch added to party Cottonwood Residential O.P.(pty:res), Attorney Benjamin Tim Welch added to party Cottonwood Sugarmont(pty:res)(Welch, Benjamin)
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Filing 10
ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A). Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 06/29/2022. (dah)
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Filing 9
AFFIDAVIT OF SERVICE for Petition to Enforce Arbitral Subpoena served on Cottonwood Sugarmont LLC on 6/16/2022, filed by Petitioners Fidelity and Deposit Company of Maryland, Zurich American Insurance. (Cantrell, Connor)
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Filing 8
AFFIDAVIT OF SERVICE for Petition to Enforce Arbitral Subpoena served on Cottonwood Residential O.P., LP on 6/16/2022, filed by Petitioners Fidelity and Deposit Company of Maryland, Zurich American Insurance. (Cantrell, Connor)
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Filing 7
AFFIDAVIT OF SERVICE for Petition to Enforce Arbitral Subpoena served on Cottonwood Residential II, Inc. on 6/16/2022, filed by Petitioners Fidelity and Deposit Company of Maryland, Zurich American Insurance. (Cantrell, Connor)
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Filing 6
NOTICE OF DEFICIENCY re #3 Summons Returned Unexecuted, #4 Summons Returned Unexecuted, #5 Summons Returned Unexecuted. The documents should not be filed in these types of cases; counsel will serve the parties. (jl)
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Filing 5
***STRICKEN*** **RESTRICTED DOCUMENT** Summons Returned Unexecuted by Cottonwood Sugarmont as to Cottonwood Sugarmont. (Cantrell, Connor) Modified by striking as should not be filed in these types of cases on 6/8/2022 (jl).
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Filing 4
***STRICKEN*** **RESTRICTED DOCUMENT** Summons Returned Unexecuted by Zurich American Insurance, Fidelity and Deposit Company of Maryland as to Cottonwood Residential O.P.. (Cantrell, Connor) Modified by striking as should not be filed in these types of cases on 6/8/2022 (jl).
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Filing 3
***STRICKEN*** **RESTRICTED DOCUMENT** Summons Returned Unexecuted by Zurich American Insurance, Fidelity and Deposit Company of Maryland as to Cottonwood Residential II. (Cantrell, Connor) Modified by striking as should not be filed in these types of cases on 6/8/2022 (jl).
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Filing 2
MOTION to Compel Enforce Arbitral Subpoenas filed by Petitioners Fidelity and Deposit Company of Maryland, Zurich American Insurance. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Cantrell, Connor)
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Filing 1
Case has been indexed and assigned to Judge David Barlow. Petitioners Fidelity and Deposit Company of Maryland, Zurich American Insurance are directed to E-File the Miscellanous Case Filing Fee (found under Other Documents) and pay the filing fee of $ 49 by the end of the business day. Once the filing fee event is completed the initiating document (Petition to Enforce Arbitral Subpoenas/Motion to Compel and cover sheet ) may be E-filed.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. (mh)
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Miscellaneous Case Filing Fee for Petition to Enforce Arbitral Subpoenas received from Petitioners Fidelity and Deposit Company of Maryland, Zurich American Insurance. (Filing fee $ 49, receipt number AUTDC-4355992). (Cantrell, Connor)
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