Tower West Holdings LLC v. Zurich American Insurance Company
Plaintiff: Tower West Holdings LLC
Defendant: Zurich American Insurance Company
Case Number: 2:2022cv00044
Filed: February 28, 2022
Court: US District Court for the District of Wyoming
Presiding Judge: Nancy D Freudenthal
Referring Judge: Alan B Johnson
2 Judge: Kelly H Rankin
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 6, 2023 Opinion or Order Filing 42 ORDER by the Senior District Judge Nancy D Freudenthal granting #41 Motion to Dismiss. This matter is dismissed with prejudice. (Court Staff, sal)
September 6, 2023 Filing 41 Stipulated MOTION to Dismiss filed by Plaintiff Tower West Holdings LLC. (Attachments: #1 Proposed Order)(Wulf, Andrew)
August 23, 2023 VERBAL NOTICE of Settlement by the Honorable Kelly H. Rankin. All deadlines and hearings vacated. Dismissal pleading due by 9/22/2023. (Court Staff, smxb)
August 3, 2023 Filing 40 NOTICE of Change of Address by Sulema Medrano Novak, attorney on behalf of Zurich American Insurance Company (Novak, Sulema)
July 24, 2023 Filing 39 (TEXT-ONLY) NOTICE of Hearing: IN-PERSON Mediation set for 8/22/2023 08:30 AM before Honorable Kelly H Rankin. (Court Staff, sjdl)
July 24, 2023 Filing 38 (TEXT-ONLY) ORDER by the Honorable Kelly H Rankin. Based upon the request of counsel, the mediation set for August 22, 2023, will be held in person at the Joseph C. O'Mahoney Federal Building in Cheyenne, Wyoming. Details to follow at the pre-mediation conference. (Court Staff, sjdl)
July 12, 2023 Filing 37 (TEXT-ONLY) NOTICE of Hearing: BY TELEPHONE - All parties may appear by telephone through the Courts conference call system. Guests call: 307-735-3644, Access code 275440149#. Pre-Mediation Status Conference set for 8/21/2023 03:00 PM before Honorable Kelly H Rankin. (Court Staff, sjdl)
July 12, 2023 Opinion or Order Filing 36 ORDER for Mediation: VIA ZOOM - NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely;the Zoom ID and Passcode will be provided separately to the participants email address of record.2. Participants should connect to the proceeding 15 minutes prior to its scheduled start time to allow for troubleshooting of any connectivity issues.3. To ensure the record is of the best quality, participants are encouraged to utilize a headset to reduce static and background noise. If not using a headset, participants must ensure the audio feed at their location is muted when not speaking.***REMINDER: Recording or broadcasting of this hearing is prohibited. *** by the Honorable Kelly H Rankin. Mediation set for 8/22/2023 08:30 AM before Honorable Kelly H Rankin.(Court Staff, sjdl)
May 16, 2023 Opinion or Order Filing 35 ORDER by the Senior District Judge Nancy D Freudenthal granting in part and denying in part #32 Motion for Extension of Time Motions filing deadline 11/3/2023. Motion response deadline 11/17/2023. Dispositive Motions Hearing set previously is VACATED. Motion reply deadline 11/24/23. Expert Witness Designation-Plaintiff deadline 9/29/2023. Expert Witness Designation-Defendant deadline 10/16/2023. Discovery due by 11/3/2023. Status Conference RESET for 10/4/23 at 9:00 a.m. via telephone before Judge Freudenthal. All other deadlines/hearing dates remain as previously ordered.(Court Staff, sal) Modified on 5/16/2023 (Court Staff, sal).
May 16, 2023 Filing 34 MINUTES for proceedings held before Senior District Judge Nancy D Freudenthal: Status Conference held on 5/16/2023. Written Order will be entered. (Court Reporter Jan Davis.) (Court Staff, sal)
May 12, 2023 Filing 33 NOTICE of Hearing: BY TELEPHONE - All parties shall appear by telephone through the Courts conference call system. Guests call: 307/735-3644, access code: 547991460#. Status Conference set for 5/16/23 at 9:30 a.m. via telephone before Senior District Judge Nancy D Freudenthal. (Court Staff, sal)
May 12, 2023 Motions No Longer Referred: #32 Joint MOTION for Extension of Time (Non-Dispositive) requesting extension of Deadlines (Court Staff, sal)
May 11, 2023 Filing 32 MOTION REFERRED TO Judge Kelly H Rankin. Joint MOTION for Extension of Time (Non-Dispositive) requesting extension of Deadlines filed by Plaintiff Tower West Holdings LLC. (Attachments: #1 Proposed Order)(Wulf, Andrew) Unreferred on 5/12/2023 (Court Staff, sal).
November 9, 2022 Filing 31 Notice of Pro Hac Vice Attorney Appearance by Jessica Loesing Gallagher on behalf of Zurich American Insurance Company Filing fee $ 100, receipt number AWYDC-2183600. (Gallagher, Jessica)
October 24, 2022 Opinion or Order Filing 30 ORDER by the Honorable Kelly H Rankin granting #29 MOTION for Jessica L. Gallagher to appear pro hac vice (check not tendered) filed by Zurich American Insurance Company. Copy of Order and further instruction emailed to PHV counsel on this date.(Court Staff, sal)
October 24, 2022 Filing 29 MOTION REFERRED TO Judge Kelly H Rankin. First MOTION for Jessica L. Gallagher to appear pro hac vice; Check not tendered; filed by Defendant Zurich American Insurance Company. (Attachments: #1 Affidavit)(Knepper, John)
September 29, 2022 Filing 28 STATEMENT of Jurisdiction by Plaintiff Tower West Holdings LLC. (Wulf, Andrew)
September 29, 2022 Filing 27 INITIAL PRETRIAL ORDER by the Senior District Judge Nancy D Freudenthal. Motions filing deadline 9/15/2023. Motion response deadline 10/16/2023. Dispositive Motions Hearing set for 11/30/2023 09:00 AM in Cheyenne Courtroom No. 1 (Room No. 2132) before Senior District Judge Nancy D Freudenthal. Expert Witness Designation-Plaintiff deadline 5/31/2023. Expert Witness Designation-Defendant deadline 6/15/2023. Discovery due by 7/15/2023. Stipulation Deadline 10/26/2022. Final Pretrial Conference set for 1/18/2024 09:00 AM in Judge Freudenthal Chambers (Room No. 2242) before Senior District Judge Nancy D Freudenthal. Jury Trial (3 weeks/#1) set for 2/26/2024 08:30 AM in Cheyenne Courtroom No. 1 (Room No. 2132) before Senior District Judge Nancy D Freudenthal. Status Conference set for 8/15/2023 01:30 PM in Judge Freudenthal Chambers (Room No. 2242) before Senior District Judge Nancy D Freudenthal.(Court Staff, sal)
September 27, 2022 Filing 26 (TEXT-ONLY) ORDER by the Senior District Judge Nancy D Freudenthal. On or before 10/10/2022, Plaintiff shall file a jurisdictional statement confirming that the members Tower West Holdings LLC were not citizens of New York or Illinois at the time the complaint was filed. (Court Staff, sal)
September 21, 2022 Filing 25 NOTICE of Complexity by Plaintiff Tower West Holdings LLC, this case is complex. (Wulf, Andrew)
September 21, 2022 Filing 24 NOTICE of Complexity by Defendant Zurich American Insurance Company, this case is complex. (Knepper, John)
September 20, 2022 Filing 23 Amended JOINT CASE MANAGEMENT PLAN re #22 Joint Case Management Plan by Zurich American Insurance Company. (Knepper, John)
July 7, 2022 Filing 22 JOINT CASE MANAGEMENT PLAN by Zurich American Insurance Company. (Novak, Sulema)
June 29, 2022 Filing 21 NOTICE of Initial Pretrial Conference: Initial Pretrial Conference set for 9/27/2022 01:30 PM via telephone before Senior District Judge Nancy D Freudenthal. (Court Staff, sal)
May 5, 2022 Filing 20 ANSWER to Complaint with Affirmative Defenses, with Jury Demand by Zurich American Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B - Part 1 of 3, #3 Exhibit B - Part 2 of 3, #4 Exhibit B - Part 3 of 3) (Novak, Sulema)
May 2, 2022 Opinion or Order Filing 19 ORDER by the Honorable Kelly H Rankin granting #18 Motion for Extension of Time. Defendant's responsive pleading deadline in this case is extended for an additional three (3) days, and the Defendant shall file a responsive pleading on or before May 5, 2022.(Court Staff, sag)
May 2, 2022 Filing 18 MOTION REFERRED TO Judge Kelly H Rankin. Second MOTION for Extension of Time (Non-Dispositive) of Deadline for Defendant's Responsive Pleading to #1 Complaint filed by Defendant Zurich American Insurance Company. (Attachments: #1 Proposed Order)(Knepper, John) Text modified to link on 5/2/2022 (Court Staff, sal).
April 7, 2022 Filing 17 Notice of Pro Hac Vice Attorney Appearance by Sulema Medrano Novak on behalf of Zurich American Insurance Company (Novak, Sulema)
March 31, 2022 Opinion or Order Filing 16 ORDER by the Honorable Kelly H Rankin granting #11 Motion for Extension of Time. Defendant's responsive pleading deadline is extended for an additional thirty (30) days. Defendant shall file a responsive pleading on or before May 2, 2022.(Court Staff, sag)
March 30, 2022 Filing 15 AFFIDAVIT of Andrew R. Wulf of Service of Process on Insurance Commission filed by Plaintiff Tower West Holdings LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Wulf, Andrew)
March 30, 2022 Filing 14 SUMMONS Returned Executed by Tower West Holdings LLC. Zurich American Insurance Company served on 3/17/2022, answer due on 4/7/2022 (Wulf, Andrew)
March 30, 2022 Filing 13 SUMMONS Returned Executed by Tower West Holdings LLC. Zurich American Insurance Company served on 3/10/2022, answer due on 3/31/2022 (Wulf, Andrew)
March 30, 2022 Opinion or Order Filing 12 ORDER by the Honorable Kelly H Rankin granting #10 First MOTION for Sulema Medrano Novak to appear pro hac vice on behalf of Defendant Zurich American Insurance Company (cc: PHV order emailed to PHV counsel on this date). (Court Staff, stmo)
March 30, 2022 Filing 11 MOTION REFERRED TO Judge Kelly H Rankin. First MOTION for Extension of Time (Non-Dispositive) requesting extension of Deadline for Defendant's Initial Responsive Pleading filed by Defendant Zurich American Insurance Company. (Knepper, John)
March 30, 2022 Filing 10 MOTION REFERRED TO Judge Kelly H Rankin. First MOTION for Sulema Medrano Novak to appear pro hac vice; Check not tendered; filed by Defendant Zurich American Insurance Company. (Attachments: #1 Affidavit)(Knepper, John)
March 30, 2022 Filing 9 NOTICE of Attorney Appearance by John G Knepper on behalf of Zurich American Insurance Company (Knepper, John)
March 30, 2022 FINANCIAL ENTRY: PAYMENT OF $100 RECEIVED FOR PRO HAC VICE FEE FOR SULEMA MEDRANO NOVAK. RECEIPT CHY036155. (Court Staff, sjk)
March 14, 2022 Filing 8 Summons Issued (Court Staff, sal)
March 14, 2022 Filing 7 Praecipe for Summons filed by Plaintiff Tower West Holdings LLC (Attachments: #1 Summons) (Wulf, Andrew)
March 2, 2022 Opinion or Order Filing 6 ORDER OF RECUSAL by the Honorable Alan B. Johnson. Honorable Alan B Johnson recused. Case reassigned to Honorable Nancy D Freudenthal for all further proceedings. (Court Staff, sbh)
February 28, 2022 Filing 5 Summons Issued (Court Staff, sal)
February 28, 2022 Filing 4 Notice of Judge Assignment and Consent to Proceed before a Magistrate Judge. The case has been assigned to the Honorable Alan B. Johnson (presiding) and the Honorable Kelly H. Rankin (referral). (Court Staff, sal)
February 28, 2022 Filing 3 Praecipe for Summons on Defendant filed by Plaintiff Tower West Holdings LLC (Wulf, Andrew) (Additional attachment(s) added on 2/28/2022: #1 Summons) (Court Staff, sal).
February 28, 2022 Filing 2 DEMAND for Trial by Jury filed by Plaintiff Tower West Holdings LLC. (Wulf, Andrew)
February 28, 2022 Filing 1 COMPLAINT against Zurich American Insurance Company with Jury Demand. (Filing fee $ 402, Receipt Number AWYDC-2068983) Attorney Andrew Reed Wulf added to party Tower West Holdings LLC(pty:pla), filed by Tower West Holdings LLC. (Wulf, Andrew) Modified text on 3/1/2022 (Court Staff, stmo). (Additional attachment(s) added on 3/3/2022: #1 Civil Cover Sheet) (Court Staff, sal).

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Plaintiff: Tower West Holdings LLC
Represented By: Jon Mark Stewart
Represented By: Andrew Reed Wulf
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Defendant: Zurich American Insurance Company
Represented By: Sulema Medrano Novak
Represented By: John G Knepper
Represented By: Jessica Loesing Gallagher
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