Star Insurance Company v. Merging Express, LLC et al
| Star Insurance Company |
| Merging Express, LLC, Walky Occeus, Tesla Cargo Solutions, Inc., Miller Farms Custom, LLC and Jason DeSanto |
| 2:2024cv00706 |
| December 9, 2024 |
| U.S. District Court for the Southern District of West Virginia |
| Joseph R Goodwin |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgment (Insurance) |
| None |
Docket Report
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| Document Text |
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| Filing 36 RETURN RECEIPT for Tesla Cargo Solutions, Inc., re: #16 Clerk's Entry of Default. (kew) |
| Filing 35 RETURN RECEIPT for Merging Express, LLC (Charleston address), re: #16 Clerk's Entry of Default. (kew) |
| Filing 34 MEMORANDUM OF LAW by Star Insurance Company in support of #33 MOTION by Star Insurance Company for Entry of Default Judgment against Walky Occeus (Varner, Debra) |
| Filing 33 MOTION by Star Insurance Company for Entry of Default Judgment against Walky Occeus (Attachment: #1 Exhibit 1)(Varner, Debra) |
| Filing 32 MEMORANDUM OF LAW by Star Insurance Company in support of #31 MOTION by Star Insurance Company for Default Judgment against Tesla Cargo Solutions, Inc. (Varner, Debra) |
| Filing 31 MOTION by Star Insurance Company for Default Judgment against Tesla Cargo Solutions, Inc. (Attachment: #1 Exhibit 1)(Varner, Debra) |
| Filing 30 MEMORANDUM OF LAW by Star Insurance Company in support of #29 MOTION by Star Insurance Company for Entry of Default Judgment by the Court against Merging Express, LLC (Varner, Debra) |
| Filing 29 MOTION by Star Insurance Company for Entry of Default Judgment against Merging Express, LLC (Attachment: #1 Exhibit 1 )(Varner, Debra) |
| Filing 27 TRANSMITTED CERTIFIED COPY of #26 Order to counsel of record. (kew) |
Filing 26
ORDER re: #18 MOTION by Miller Farms Custom, LLC to Set Aside; directing that the #14 Order is set aside as to Miller Farms Custom, LLC only; the Order will remain in force as to the remaining respondents. Signed by Judge Joseph R. Goodwin on 2/3/2025. (cc: certified copies to counsel of record) (kew)
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| Filing 25 ELECTRONIC SUMMONS ISSUED as to Jason DeSanto, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (kew) |
| Filing 24 SUMMONS TO BE REISSUED SUBMITTED by Star Insurance Company for Jason DeSanto, re: #1 Complaint. (Varner, Debra) |
| Filing 23 JOINT STIPULATION re: #18 MOTION by Miller Farms Custom, LLC to Set Aside the #16 Clerk's Entry of Default by Star Insurance Company, Miller Farms Custom, LLC. (Varner, Debra) (Modified on 1/31/2025 to add party filer) (kew). |
| Filing 22 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Miller Farms Custom, LLC (Taylor, Trevor) |
| Filing 21 RETURN RECEIPT for Miller Farm Custom LLC, re: #16 Clerk's Entry of Default. (kew) |
| Filing 20 RETURN RECEIPT for Walky Occeus, re: #16 Clerk's Entry of Default. (kew) |
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Filing 19
ORDER AND NOTICE: Motions under Fed. R. Civ. P. 12(b) - 2/11/2025. Last day for Rule 26(f) meeting - 3/17/2025. Last day to file report of Rule 26(f) meeting - 3/24/2025. Scheduling Conference at 9:00 AM on 4/7/2025 at the Robert C. Byrd United States Courthouse, 300 Virginia Street East, Room 6610 (Library/Conference Room), Charleston, WV. Entry of scheduling order - 4/14/2025. Last day to make Rule 26(a)(1) disclosures - 4/21/2025. Signed by Judge Joseph R. Goodwin on 1/21/2025. (cc: counsel of record; any unrepresented parties) (kew)
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| Filing 18 MOTION by Miller Farms Custom, LLC to Set Aside the #16 Clerk's Entry of Default. (Attachment: #1 Proposed Order)(Taylor, Trevor) (Modified on 1/17/2025 to add link to #16 default) (kew). |
| Filing 17 ANSWER TO #1 Complaint for Declaratory Relief by Miller Farms Custom, LLC; no jury demanded. (Taylor, Trevor) |
| Filing 16 CLERK'S ENTRY OF DEFAULT as to Merging Express, LLC, Miller Farms Custom, LLC, Tesla Cargo Solutions, Inc., and Walky Occeus, pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. (Attachments: #1 Return Receipt as to Merging Express, LLC, #2 Return Receipt as to Miller Farms Custom, LLC, #3 Return Receipt as to Walky Occeus, #4 Return Receipt as to Tesla Cargo Solutions, Inc.) (cc: counsel of record; defendants via certified mail, return receipt requested) (kew) (Modified on 2/3/2025 to note Clerk's Entry of Default is set aside as to Miller Farms Custom, LLC only pursuant to the #26 Order.) (kew). |
| Filing 15 TRANSMITTED CERTIFIED COPY of #14 Order to counsel of record and defendants. (kew) |
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Filing 14
ORDER directing that Clerk to enter a default against the defendants Merging Express, LLC, Miller Farms Custom, LLC, Tesla Cargo Solutions, Inc., and Walky Occeus; counsel for the plaintiff is directed to file the appropriate motion and affidavits to facilitate the entry of default judgment within 20 days of the entry of this Order. Signed by Judge Joseph R. Goodwin on 1/14/2025. (cc: certified copies to counsel of record; defendants) (kew) (Modified on 2/3/2025 to note Clerk's Entry of Default is set aside as to Miller Farms Custom, LLC only pursuant to the #26 Order.) (kew).
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| Filing 13 SUMMONS RETURNED EXECUTED for Walky Occeus, re: #1 Complaint, #3 Electronic Summons Issued,,, #4 Standing Order For Assignment And Referral of Civil Actions And Matters. Walky Occeus served on 12/17/2024, answer due 1/7/2025. (Attachments: #1 Exhibit A)(Varner, Debra) |
| Filing 12 SUMMONS RETURNED EXECUTED for Tesla Cargo Solutions, Inc., re: #1 Complaint, #3 Electronic Summons Issued,,, #4 Standing Order For Assignment And Referral of Civil Actions And Matters. Tesla Cargo Solutions, Inc. served on 12/17/2024, answer due 1/7/2025. (Attachments: #1 Exhibit A)(Varner, Debra) |
| Filing 11 SUMMONS RETURNED EXECUTED for Miller Farms Custom, LLC, re: #1 Complaint, #3 Electronic Summons Issued,,, #4 Standing Order For Assignment And Referral of Civil Actions And Matters. Miller Farms Custom, LLC served on 12/17/2024, answer due 1/7/2025. (Attachments: #1 Exhibit A)(Varner, Debra) |
| Filing 10 SUMMONS RETURNED EXECUTED for Merging Express, LLC, re: #1 Complaint, #3 Electronic Summons Issued,,, #4 Standing Order For Assignment And Referral of Civil Actions And Matters. Merging Express, LLC served on 12/17/2024, answer due 1/7/2025. (Attachments: #1 Exhibit A)(Varner, Debra) |
| Filing 9 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 12/17/2024 as to Miller Farms Custom, LLC. Certified Mail Number: 92148901125134100004064995. (mfo) |
| Filing 8 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 12/17/2024 as to Merging Express, LLC. Certified Mail Number: 92148901125134100004065022. (mfo) |
| Filing 7 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 12/17/2024 as to Jason DeSanto. Certified Mail Number: 92148901125134100004065015. (mfo) |
| Filing 6 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 12/17/2024 as to Walky Occeus. Certified Mail Number: 92148901125134100004064988. (mfo) |
| Filing 5 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 12/17/2024 as to Tesla Cargo Solutions, Inc. Certified Mail Number: 92148901125134100004065008. (mfo) |
| Filing 4 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED SEPTEMBER 1, 2024. Discovery referred to Magistrate Judge Dwane L. Tinsley. (cc: counsel of record and any pro se party) (klc) |
| CASE assigned to Judge Joseph R. Goodwin. (klc) |
| Filing 3 ELECTRONIC SUMMONS ISSUED as to Jason DeSanto, Merging Express, LLC, Miller Farms Custom, LLC, Walky Occeus, Tesla Cargo Solutions, Inc., re: #1 Complaint for Declaratory Relief. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons Issued as to Merging Express, LLC, #2 Summons Issued as to Miller Farms Custom, LLC, #3 Summons Issued as to Tesla Cargo Solutions, Inc., #4 Summons Issued as to Walky Occeus) (kew) |
| Filing 2 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff Star Insurance Company. (kew) |
| Filing 1 COMPLAINT FOR DECLARATORY RELIEF. Filing Fee $405.00. Receipt # AWVSDC-8786673. (Attachments: #1 Exhibit A (Part 1 of 2), #2 Exhibit A (Part 2 of 2), #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Summons as to Jason DeSanto, #7 Proposed Summons as to Merging Express, LLC, #8 Proposed Summons as to Miller Farms Custom, LLC, #9 Proposed Summons as to Tesla Cargo Solutions, Inc., #10 Proposed Summons as to Walky Occeus, #11 Civil Cover Sheet) (kew) |
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