44 Alexandria, LLC v. North American Capacity Insurance Company
| 44 Alexandria, LLC d/b/a Fairfield Inn and 44 Alexandria, LLC doing business as Fairfield Inn |
| North American Capacity Insurance Company |
| 1:2023cv01204 |
| September 7, 2023 |
| US District Court for the Eastern District of Virginia |
| John F Anderson |
| Michael S Nachmanoff |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.
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Filing 22
Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference Upon consideration of the representations made in the Joint Discovery Plan ("Joint Discovery Plan") (Docket no. 21), and taking note of the Scheduling Order entered in this case (Docket no. 13), the court makes the following rulings: 1. All discovery shall be concluded by February 9,2024. 2. The Joint Discovery Plan is approved and shall control discovery to the extent of its application unless further modified by the court. 3. At the request of the parties, the pretrial conference scheduled for Wednesday, November 1,2023, at 11:00 a.m. is cancelled. Defendant's motion to continue pretrial conference (Docket no. 14) is denied as moot. Signed by Magistrate Judge John F. Anderson on 10/24/2023. (Dcrow, )
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| Filing 21 Joint Discovery Plan by North American Capacity Insurance Company.(Port, Jessica) |
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Filing 20
ORDERED that the Defendant's Partial Motion to Dismiss (Dkt. 10) is GRANTED; it is further ORDERED that Counts II and III of the Amended Complaint are dismissed with prejudice. Signed by District Judge Michael S Nachmanoff on 10/20/2023. (Dest)
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| Filing 19 Minute Entry for proceedings held before District Judge Michael S Nachmanoff:Motion Hearing held on 10/20/2023. Appearances of counsel. MOTION to Dismiss for Failure to State a Claim re #10 argued and GRANTED. Counts 2 and 3 are DISMISSED. Parties encouraged to seek settlement options. Order to follow. (Court Reporter D. Salters.)(lcre, ) |
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Filing 18
ORDERED that counsel for Defendant, Jonathan R. MacBride, may appear at the Motions Hearing scheduled on October 20, 2023, before this Court without accompaniment of local counsel. This Order only applies to tomorrows hearing re #17 Consent MOTION to Waive Appearance of Local Counsel. Signed by District Judge Michael S Nachmanoff on 10/19/2023. (nneb)
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| Filing 17 Consent MOTION to Waive Appearance of Local Counsel by North American Capacity Insurance Company. (Attachments: #1 Proposed Order)(Port, Jessica) |
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Filing 16
ORDERED that the parties file a joint discovery plan on October 25, 2023, and indicate whether the parties wish to go forward with the initial pretrial conference. If the parties decide that the initial pretrial conference is necessary, the court will continue it to November 8, 2023. Signed by Magistrate Judge John F. Anderson on 10/18/2023. (swil)
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| Filing 15 Opposition to Defendant North American Capacity Insurance Company's Partial Motion to Dismiss filed by 44 Alexandria, LLC d/b/a Fairfield Inn. (DiUlio, Anthony) |
| Filing 14 MOTION to Continue Pretrial Conference by North American Capacity Insurance Company. (Port, Jessica) |
| Set/Reset Deadlines as to #10 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 10/20/2023 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. (lcre, ) |
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Filing 13
SCHEDULING ORDER:Initial Pretrial Conference set for 11/1/2023 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Final Pretrial Conference set for 2/15/2024 at 01:00 PM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. Discovery due by 2/9/2024. Signed by District Judge Michael S Nachmanoff on 10/13/2023. (Attachments: #1 Magistrate Judge Consent Form, #2 Pretrial Notice)(lcre, )
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| Filing 12 Notice of Hearing Date re #10 MOTION to Dismiss for Failure to State a Claim , #11 Memorandum in Support, #4 MOTION to Dismiss for Failure to State a Claim (Port, Jessica) |
| Notice of Correction re #10 MOTION to Dismiss for Failure to State a Claim. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (nneb) |
| Filing 11 Memorandum in Support re #10 MOTION to Dismiss for Failure to State a Claim filed by North American Capacity Insurance Company. (Port, Jessica) |
| Filing 10 MOTION to Dismiss for Failure to State a Claim by North American Capacity Insurance Company. (Attachments: #1 Proposed Order)(Port, Jessica) |
| Filing 9 ANSWER to Complaint by North American Capacity Insurance Company. (Attachments: #1 Exhibit C, #2 Exhibit D)(Port, Jessica) |
| Filing 8 AMENDED COMPLAINT against All Defendants, filed by 44 Alexandria, LLC d/b/a Fairfield Inn.(DiUlio, Anthony) |
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Filing 7
ORDER granting #5 Motion for Pro hac vice Appointed Jonathan Randall MacBride for North American Capacity Insurance Company. Signed by District Judge Michael S Nachmanoff on 9/14/2023. (swil)
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| Filing 6 NOTICE of Appearance by Anthony Joseph DiUlio, I on behalf of 44 Alexandria, LLC d/b/a Fairfield Inn (DiUlio, Anthony) |
| Initial Case Assignment to District Judge Michael S Nachmanoff and Magistrate Judge John F. Anderson. (nneb) |
| Filing 5 Motion to appear Pro Hac Vice by Jonathan R. MacBride and Certification of Local Counsel Jessica E. Port Filing fee $ 75, receipt number AVAEDC-9114842. by North American Capacity Insurance Company. (Port, Jessica) |
| Filing 4 MOTION to Dismiss for Failure to State a Claim by North American Capacity Insurance Company. (Attachments: #1 Exhibit Memorandum in Support of Partial Motion to Dismiss, #2 Proposed Order)(Port, Jessica) |
| Filing 3 ANSWER to Complaint by North American Capacity Insurance Company. (Attachments: #1 Exhibit A - Policy, #2 Exhibit C - Loss Statement, #3 Exhibit D - Reinhardt Letter May16, 2023)(Port, Jessica) |
| Filing 2 Corporate Disclosure Statement by North American Capacity Insurance Company. (Port, Jessica) |
| Filing 1 Notice of Removal ( Filing fee $ 402, receipt number AVAEDC-9114569.), filed by North American Capacity Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Port, Jessica) |
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