K.R. Enterprises, Inc. v. Ohio Security Insurance Company
Plaintiff: K.R. Enterprises, Inc.
Defendant: Ohio Security Insurance Company
Case Number: 1:2018cv01347
Filed: October 10, 2018
Court: US District Court for the Southern District of West Virginia
Office: Bluefield Office
Presiding Judge: David A Faber
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 1, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 26, 2018 Opinion or Order Filing 28 SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 2/22/2019. Discovery requests to be completed by 6/28/2019, and all depositions by 8/12/2019. Expert Witness List by party bearing the burden of proof due by 3/29/2019, and by party not bearing burden of proof due by 4/19/2019. Dispositive Motions except those filed under Rule 12(b) due by 8/30/2019, with responses and replies due thereafter in accordance with the Local Rules. Mediation to be concluded by 9/27/2019. Settlement Meeting to be held by 11/19/2019. Motions in Limine to be filed by 10/31/2019, with responses due by 11/7/2019. Plaintiff's portion of the Proposed Integrated Pretrial Order due to defendant by 11/14/2019, who shall then prepare and complete the opposing portion thereof and submit the Proposed Integrated Pretrial Order to the court for entry by 11/21/2019. Pretrial Conference set for 12/10/2019 at 02:00 PM in Bluefield before Judge David A. Faber. Proposed Findings of Fact and Conclusions of Law due by 12/17/2019. Final Settlement Conference at 10:00 AM on 1/7/2020 in Bluefield. Trial set for 1/8/2020 at 09:30 AM in Bluefield before Judge David A. Faber. Signed by Senior Judge David A. Faber on 11/26/2018. (cc: counsel of record and any unrepresented party) (arb)
November 26, 2018 Opinion or Order Filing 27 ORDER: The Scheduling Conference previously scheduled for 11/29/2018 at 10:00 AM is CANCELLED. Should the court need to schedule a hearing on the pending motions, it will do so by separate order. Signed by Senior Judge David A. Faber on 11/26/2018. (cc: counsel of record) (arb)
November 21, 2018 Filing 26 CERTIFICATE OF SERVICE by K.R. Enterprises, Inc. for First Set of Discovery Requests to Defendant Ohio Security Insurance Company (Lunsford, David)
November 21, 2018 Filing 25 JOINT RULE 26(f) REPORT OF PLANNING MEETING by Ohio Security Insurance Company, K.R. Enterprises, Inc. (Adams, Nancy) (Modified on 11/21/2018 to add party filer)(ts).
November 13, 2018 Filing 24 REPLY by Ohio Security Insurance Company to #23 Response In Opposition. (Adams, Nancy)
November 6, 2018 Filing 23 RESPONSE by K.R. Enterprises, Inc. in opposition to #21 MOTION by Ohio Security Insurance Company to Consolidate Cases 1:18-cv-01347 and 1:15-cv-16264 and to Dismiss #1 Complaint (Lunsford, David)
October 23, 2018 Filing 22 MEMORANDUM OF LAW by Ohio Security Insurance Company in support of #21 MOTION by Ohio Security Insurance Company to Consolidate Cases 1:18-cv-01347 and 1:15-cv-16264 and Dismiss #1 Complaint (Adams, Nancy)
October 23, 2018 Filing 21 MOTION by Ohio Security Insurance Company to Consolidate Cases 1:18-cv-01347 and 1:15-cv-16264 and Dismiss #1 Complaint (Attachment: #1 Affidavit of Rebecca L. Zeidel)(Adams, Nancy) (Modified on 10/25/2018 to add link to #1 complaint and to add event motion to dismiss) (ts).
October 16, 2018 Opinion or Order Filing 20 ORDER AND NOTICE: The #9 First Order and Notice regarding Discovery and Scheduling Conference entered by Judge Bailey on 8/31/2018 is hereby VACATED. Last day for Rule 26(f) Meeting is 11/15/2018. Last day to file report of Rule 26(f) Meeting is 11/23/2018. Scheduling Conference at 10:00 AM on 11/29/2018 in Bluefield before the undersigned. Entry of Scheduling Order by 12/6/2018. Last Day to make Rule 26(a)(1) disclosures is 12/17/2018. Signed by Senior Judge David A. Faber on 10/16/2018. (cc: counsel of record and any unrepresented parties) (arb)
October 10, 2018 CASE assigned to Judge David A. Faber. (klc)
October 10, 2018 Filing 19 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: attys; any unrepresented party) (ts)
October 10, 2018 Filing 18 CASE TRANSFERRED IN from the West Virginia Northern; Case Number 5:18-cv-00127. Original file certified copy of transfer order and docket sheet received.
October 9, 2018 Opinion or Order Filing 17 ORDER GRANTING IN PART MOTION TO DISMISS THE COMPLAINT OR TRANSFER BY OHIO SECURITY INSURANCE COMPANY: Granting in part #6 Motion to Dismiss or Transfer; Clerk to transfer case to SD/WV. Signed by District Judge John Preston Bailey on 10/9/18. (soa) [Transferred from West Virginia Northern on 10/10/2018.]
October 9, 2018 Case transferred to District of SD/WV. Entire Case file electronically transmitted. (soa) [Transferred from West Virginia Northern on 10/10/2018.]
September 20, 2018 Filing 16 REPLY to Response to Motion re #6 MOTION to Dismiss or to Transfer filed by Ohio Security Insurance Company. (Zurbuch, Alex) [Transferred from West Virginia Northern on 10/10/2018.]
September 13, 2018 Filing 15 RESPONSE in Opposition re #6 MOTION to Dismiss or to Transfer filed by K.R. Enterprises, Inc.. (Attachments: #1 Exhibit)(Hartley, R.) [Transferred from West Virginia Northern on 10/10/2018.]
September 12, 2018 Opinion or Order Filing 14 ORDER granting #11 Motion for Leave to Appear Pro Hac Vice for Rebecca L. Zeidel. Signed by District Judge John Preston Bailey on 9/12/2018. (copy to counsel via CM/ECF) (nmm) [Transferred from West Virginia Northern on 10/10/2018.]
September 12, 2018 Opinion or Order Filing 13 ORDER granting #10 Motion for Leave to Appear Pro Hac Vice for Nancy D. Adams. Signed by District Judge John Preston Bailey on 9/12/2018. (copy to counsel via CM/ECF) (nmm) [Transferred from West Virginia Northern on 10/10/2018.]
September 12, 2018 Filing 12 PHV Filing fee for Attorney Adams and Zeidel: $ 400.00, receipt number WVNW001982 (lmm) [Transferred from West Virginia Northern on 10/10/2018.]
September 7, 2018 Filing 11 Application for Rebecca Zeidel's Admission Pro Hac Vice Other Document filed by Ohio Security Insurance Company. (Tully, Jared) Modified on 9/12/2018 to change event type (lmm). [Transferred from West Virginia Northern on 10/10/2018.]
September 7, 2018 Filing 10 Application for Nancy Adams' Admission Pro Hac Vice Other Document filed by Ohio Security Insurance Company. (Tully, Jared) Modified on 9/12/2018 to correct event type (lmm). [Transferred from West Virginia Northern on 10/10/2018.]
August 31, 2018 Opinion or Order Filing 9 FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 10/1/2018; Rule 26 Meeting Report due by 10/15/2018; Initial Disclosures due by 11/1/2018. Signed by District Judge John Preston Bailey on 8/31/2018. (copy to counsel via CM/ECF) (nmm) [Transferred from West Virginia Northern on 10/10/2018.]
August 30, 2018 Filing 8 Corporate Disclosure Statement by Ohio Security Insurance Company. (Attachments: #1 Attachment Certificate of Service)(Tully, Jared) [Transferred from West Virginia Northern on 10/10/2018.]
August 30, 2018 Filing 7 Memorandum in Support re #6 MOTION to Dismiss or to Transfer filed by Ohio Security Insurance Company. (Attachments: #1 Exhibit Order, #2 Exhibit Order)(Tully, Jared) [Transferred from West Virginia Northern on 10/10/2018.]
August 30, 2018 Filing 6 MOTION to Dismiss or to Transfer by Ohio Security Insurance Company. (Tully, Jared) [Transferred from West Virginia Northern on 10/10/2018.]
August 16, 2018 Filing 5 SUMMONS Returned Executed as to Ohio Security Insurance Company served on 8/10/2018. (Lunsford, David) [Transferred from West Virginia Northern on 10/10/2018.]
August 14, 2018 Filing 4 NOTICE of Appearance by David B. Lunsford on behalf of K.R. Enterprises, Inc. (Lunsford, David) [Transferred from West Virginia Northern on 10/10/2018.]
August 3, 2018 Filing 3 Corporate Disclosure Statement by K.R. Enterprises, Inc. (copy to counsel via CM/ECF) (nmm) [Transferred from West Virginia Northern on 10/10/2018.]
August 3, 2018 Filing 1 COMPLAINT against Ohio Security Insurance Company, filed by K.R. Enterprises, Inc. Filing Fee $400 - Receipt #0424-2639659. (Attachments: #1 Exhibit A - copy of K.R. Enterprises Commercial Protector policy, #2 Exhibit B - copy of 9/3/15 Letter from Liberty Mutual to K.R. Enterprises re: denial of coverage, #3 Exhibit C - copy of 9/16/15 Letter from Liberty Mutual to K.R. Enterprises re: denial of coverage, #4 Exhibit D - copy of 3/16/17 Letter from Liberty Mutual to K.R. Enterprises re: denial of coverage, #5 Exhibit E - copy of Order in Civil Action No. 5:17-cv-43, #6 Civil Cover Sheet) (copy to counsel via CM/ECF) (nmm) [Transferred from West Virginia Northern on 10/10/2018.]

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Defendant: Ohio Security Insurance Company
Represented By: Nancy D. Adams
Represented By: Jared M. Tully
Represented By: Rebecca L. Zeidel
Represented By: Alex J. Zurbuch
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Plaintiff: K.R. Enterprises, Inc.
Represented By: David B. Lunsford
Represented By: Mark R. Staun
Represented By: Robert Dean Hartley
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