TEXT ORDER directing the parties file a joint status update not later than 6/5/2019. Signed by Honorable Judge Andrew L. Brasher on 5/28/19. (NO PDF document attached to this notice).(djy, ) (Entered: 05/28/2019)
Case reassigned to Honorable Judge Andrew L. Brasher. Honorable Judge William Keith Watkins no longer assigned to the case, as presiding judge. (djy, ) (Entered: 05/15/2019)
ORDER that the individual Defendants shall file an answer to Plaintiffs' 19 Amended Complaint on or before 7/6/2018, and SHOW CAUSE why they have not complied with court's Order. Signed by Chief Judge William Keith Watkins on 6/29/2018. Signed by Chief Judge William Keith Watkins on 6/29/2018. (dmn, ) (Entered: 06/29/2018)
MEMORANDUM OPINION AND ORDER: It is ORDERED as follows: (1) The individual Defendants motion to dismiss or, in the alternative, motion to stay (Doc. 41 ) is DENIED in part and GRANTED in part, in that Plaintiffs declaratory judgment action will proceed on their duty-to-defend claims, but will be stayed on their duty-to-indemnify claims. (2) Plaintiffs duty-to-indemnify claims are STAYED until the earlier of (a) final disposition of the underlying state-court litigation or (b) a ruling on the duty to defend, at which time the court will entertain motions concerning the coverage claims. (3) The individual Defendants shall file an answer to Plaintiffs Amended Complaint (Doc. 19 ) on or before 6/26/2018. (4) This Order affects only the first two of the consolidated cases (those filed by Associated and United) because the individual Defendants have not been made parties to the third (that filed by Maiden). Signed by Chief Judge William Keith Watkins on 6/12/2018. (Attachments: # 1 Civil Appeals Checklist)(dmn, ) (Entered: 06/12/2018)
AMENDED UNIFORM SCHEDULING ORDER: It is ORDERED that the parties' 68 Joint Motion to Amend Scheduling Order is GRANTED and Sections 1, 2, 7, 8, 9, 10, and 11 of the 16 USO are amended as follows and as further set out in the order: An on-the-record Pretrial Conference is set for 9/5/2019 in Montgomery, AL before Chief Judge William Keith Watkins. Non-Jury Trial set for 11/4/2019 trial term in Montgomery, AL before Chief Judge William Keith Watkins. Discovery due by 2/6/2019. Motions due by 3/8/2019. Signed by Chief Judge William Keith Watkins on 6/11/2018. (dmn, ) Copies furnished to calendar group, WR. (Deadlines terminated: Pretrial Conference set for 12/18/2018; Non-Jury Trial set for 2/19/2019.) (Entered: 06/11/2018)
Notice of Mediation and Settlement Conference by Associated Industries Insurance Company, Maiden Insurance Company, United Specialty Insurance Company (Jackson, Micheal) (Entered: 06/07/2018)
RESPONSE to Defendants' 41 Motion to Dismiss or in the Alternative Motion to Stay, filed by Associated Industries Insurance Company, Maiden Insurance Company, United Specialty Insurance Company. (Jackson, Micheal) Modified on 3/2/2018 to clean up text. (dmn, ) (Entered: 03/01/2018)
ORDERED that the General Briefing Order (Doc. # 14 ) and Uniform Scheduling Order (Doc. # 16 ) entered in the lead case apply to all consolidated cases herein. Signed by Chief Judge William Keith Watkins on 2/27/2018. (kh, ) (Entered: 02/27/2018)
Summons Returned Unexecuted as to Shelia Merritt by USPS with the following notation, "Return to Sender, Unclaimed, Unable to Forward." Different Address noted on envelope by USPS, 5423 Mason Road, Hope Hull, Alabama 36043-5936. Counsel notified by this docket entry. (dmn, ) (Entered: 02/09/2018)
ORDER: Pursuant to the courts General Briefing Order (Doc. 14 ), Plaintiffs response briefs to the individual defendants motions to dismiss filed in Associated Industries Insurance Company v. Four Four, LLC, et al., 2:17-cv- 103-WKW (Doc. 41 ) and United Specialty Insurance Company v. Four Four, LLC, et al., 2:17-cv-104-WKW (Doc. # 43) should have been filed on or before 1/11/2018. Because the motion was filed prior to consolidation, however, the court will grant an additional 21 days. Plaintiffs response briefs are due on or before 3/1/2018, and any reply brief is due on or before 3/8/2018. Signed by Chief Judge William Keith Watkins on 2/8/2018. (dmn, ) (Entered: 02/08/2018)
Summons issued in Member Case 2:17-cv-104-WKW Returned Unexecuted as to Shelia Merritt with the following notation, "Return To Sender, Not Deliverable As Addressed, Unable To Forward, Notify Sender Of New Address, Merritt' Shelia, 5423 Mason Rd, Hope Hull, AL, 36043-5936."; Counsel is notified via this notice of unperfected service. (wcl, ) (Entered: 02/07/2018)
Summons issued in Member Case 2:17-cv-104-WKW Returned Unexecuted as to Montand Bascomb with the following notation, "Return To Sender, Unclaimed, Unable To Forward."; Counsel is notified via this notice of unperfected service.(wcl, ) (Entered: 02/01/2018)
Summons issued in Member Case 2:17-cv-104-WKW Returned Unexecuted as to Glenda Bascomb; Counsel is notified via this notice of unperfected service. (wcl, ) (Entered: 02/01/2018)
Summons Returned Unexecuted as to Brenda Trammer by USPS with the following notation, "Return to Sender, Unclaimed, Unable to Forward." Counsel notified electronically by this docket entry. (dmn, ) (Entered: 01/29/2018)
Summons Returned Unexecuted as to Shree Trammer by USPS with the following notation, "Return to Sender, Unclaimed, Unable to Forward." Counsel notified electronically by this docket entry. (dmn, ) (Entered: 01/23/2018)
Return Receipt Card showing service of 19 Amended complaint and summons signed by Glenda Bascomb for Glenda Bascomb served on 1/16/2018, answer due 2/6/2018. (dmn, ) (Entered: 01/19/2018)
Return Receipt Card showing service of 19 Amended Complaint and Summons signed by (name illegible) for Latora Trammer served on 1/16/2018, answer due 2/6/2018. (dmn, ) (Entered: 01/18/2018)
Summons Returned Unexecuted as to Latora Trammer by USPS with the following notation, "Return to Sender, Unable to Forward." Counsel notified electronically by this docket entry. (dmn, ) (Entered: 01/18/2018)
ORDER as follows: (1) Civil Action Nos. 2:17-cv-103, 2:17-cv-104, and 2:17-cv-765 are CONSOLIDATED before the undersigned judge; (2) The Clerk of the Court is DIRECTED to reassign Civil Action Nos. 2:17-cv-104 and 2:17-cv-765 to the undersigned as the district judge and to Susan Russ Walker as the magistrate judge; (3) The lead case shall be Civil Action No. 2:17-cv-103, and all pleadings, motions, briefs, orders, and other documents shall be filed only in 2:17-cv-103; and (4) The parties shall confer regarding any proposed changes to the Uniform Scheduling Orders entered in 2:17-cv-103 (Doc. 16 ) and Civil Action No. 2:17-cv-104 (Doc. #18) to adapt to the inclusion of Civil Action No. 2:17-cv-765, and shall submit any proposed modifications or a new discovery plan on or before 2/1/2018. Signed by Chief Judge William Keith Watkins on 1/11/2018. (dmn, ) (Entered: 01/11/2018)
Summons Returned Unexecuted as to Tiffany Murray by USPS with the following notation, "Return to Sender, Not Deliverable as Addressed, Unable to Forward." Counsel notified electronically by this docket entry. (dmn, ) (Entered: 01/09/2018)
Summons Returned Unexecuted as to Lisandra Alicea by USPS with the following notation, "Return to Sender, Not Deliverable as Addressed, Unable to Forward." Counsel notified electronically by this docket entry. (dmn, ) (Entered: 01/05/2018)
Summons Returned Unexecuted as to LaQuisha Thomas by USPS with the following notation, "Return to Sender, Not Deliverable as Addressed, Unable to Forward." Counsel notified electronically by this docket entry. (dmn, ) (Entered: 01/04/2018)
Summons Returned Unexecuted as to Wanda Winslow by USPS with the following notation, "Return to Sender, Undeliverable as Addressed, Unable to Forward." Counsel notified electronically by this docket entry. (dmn, ) (Entered: 01/04/2018)
Summons Returned Unexecuted as to Latonya Washington with the following notation: "Return to Sender, Unclaimed, Unable to Forward"." (alm, ) (Entered: 01/03/2018)
Summons Returned Unexecuted as to Darrell Walker with the following notation: "Return to Sender, Unclaimed, Unable to Forward". (alm, ) (Entered: 01/03/2018)
Summons Returned Unexecuted as to Carano Calhoun with the following notation: "Return to Sender, Unclaimed, Unable to Forward". (alm, ) (Entered: 01/03/2018)
Return Receipt Card showing service of 19 Amended Complaint and summons signed by Shelia (name illegible) for Tiffany Howse served on 12/22/2017, answer due 1/12/2018. (dmn, ) (Entered: 12/27/2017)
Summons Returned Unexecuted by Associated Industries Insurance Company as to Montand Bascomb by USPS with the following notation, "Return to Sender, Attempted - Not Known, Unable to Forward." Counsel notified electronically via this docket entry.(no pdf document attached to this entry) (kh, ) (Entered: 12/22/2017)
Summons Returned Unexecuted as to Linda Barnes by USPS with the following notation, "Return to Sender, Not Deliverable As Addressed, Unable to Forward." Counsel notified electronically via this docket entry.(no pdf document attached to this entry)(kh, ) (Entered: 12/21/2017)
Summons Returned Unexecuted as to Daleisha Stroud by USPS with the following notation, Return to Sender, Not Deliverable as Addressed, Unable to Forward." Counsel notified electronically via this docket entry. (dmn, ) (Entered: 12/20/2017)
ORDER that the parties SHOW CAUSE in writing on or before 1/3/2018, why this action should not be consolidated with United Specialty Insurance Company v. Four Four, LLC, 2:17-CV-104-WKW, pursuant to FRCP 42. Show Cause Response due by 1/3/2018. Signed by Chief Judge William Keith Watkins on 12/19/2017. (dmn, ) (Entered: 12/19/2017)
Return Receipt Card showing service of 19 Amended Complaint and summons signed by Temetris Monroe for Temetris Monroe served on 12/18/2017, answer due 1/8/2018. (dmn, ) (Entered: 12/19/2017)
Return Receipt Card showing service of 19 Amended Complaint and summons signed by Carolyn Harris for Carolyn Harris served on 12/14/2017, answer due 1/4/2018. (dmn, ) (Entered: 12/19/2017)
ORDER that the 34 Motion to Amend Scheduling Order is GRANTED. The 8/3/2017, Uniform Scheduling Order (Doc. 16 ) is amended to extend by sixty days the date for the parties to add any additional parties and to amend the pleadings. That deadline is extended from 12/15/2017, to 2/13/2018. (See Doc. 16, Section 4.) All other deadlines set forth in the Uniform Scheduling Order (Doc. 16 ) shall remain in full force and effect until further order of the court. Signed by Chief Judge William Keith Watkins on 12/18/2017. (dmn, ) (Entered: 12/18/2017)
MOTION to Amend 16 Scheduling Order by Associated Industries Insurance Company. (Attachments: # 1 Exhibit A - Complaint (RESTRICTED PRIVACY ISSUE))(Jackson, Micheal) (Additional attachment(s) added on 12/15/2017 to redact personal information contained in original filing pursuant to the E-government rules: # 2 Exhibit A (Redacted)) (alm, ). Modified on 12/15/2017 (alm, ). Modified on 12/18/2017 to create link and to include restrict privacy text. (dmn, ) (Entered: 12/15/2017)
Summons Returned Unexecuted as to Barbara Williams by USPS with the following notation, "Return to Sender, Insufficient Address, Unable to Forward." Counsel notified electronically via this docket entry. (dmn, ) (NO PDF) (Entered: 12/11/2017)
Return Receipt Card showing service of 19 amended complaint and summons signed by Gloria Whiting for Cetera Whiting served on 12/7/2017, answer due 12/28/2017. (dmn, ) (Entered: 12/08/2017)
Return Receipt Card showing service of 19 amended complaint and summons signed by Ceceila Winslow for Cecelia Winslow served on 12/7/2017, answer due 12/28/2017. (dmn, ) (Entered: 12/08/2017)
Return Receipt Card showing service of summons and 19 Amended Complaint signed by Dominique Lowery for Dominique Lowery served on 12/2/2017, answer due 12/25/2017. (dmn, ) (Entered: 12/05/2017)
Return Receipt Card showing service of summons & amended complaint signed by Debbie Broughton for Chenetta Darden served on 12/2/2017, answer due 12/25/2017. (djy, ) (Entered: 12/04/2017)
Return Receipt Card showing service of summons & amended complaint signed by Ahnesia Carter for Ahnesia Carter served on 12/2/2017, answer due 12/25/2017. (djy, ) (Entered: 12/04/2017)
Return Receipt Card showing service of summons & amended complaint signed by William Jackson for Misty Kidd-Jackson served on 12/2/2017, answer due 12/25/2017. (djy, ) (Entered: 12/04/2017)
Return Receipt Card showing service of summons & amended complaint signed by Mary R. Hale for Mary Robinson Hale served on 12/2/2017, answer due 12/25/2017. (djy, ) (Entered: 12/04/2017)
Return Receipt Card showing service of summons & amended complaint signed by Williams Jackson for William Jackson served on 12/2/2017, answer due 12/25/2017. (djy, ) (Entered: 12/04/2017)
Return Receipt Card showing service of summons & amended complaint signed by Debbie Broughton for Debbie Broughton served on 12/2/2017, answer due 12/25/2017. (djy, ) (Entered: 12/04/2017)
Return Receipt Card showing service of summons & amended complaint signed by Bryant Gregory for Denise Gregory served on 12/2/2017, answer due 12/25/2017. (djy, ) (Entered: 12/04/2017)
Return Receipt Card showing service of summons & amended complaint signed by Debbie (illegible) for Willie Darden served on 12/2/2017, answer due 12/25/2017. (djy, ) (Entered: 12/04/2017)
UNIFORM SCHEDULING ORDER: An on-the-record Pretrial Conference is set for 12/18/2018 in Montgomery, AL before Chief Judge William Keith Watkins. Non-Jury Trial set for 2/19/2019 in Montgomery, AL before Chief Judge William Keith Watkins. Amended Pleadings due by 12/15/2017. Discovery due by 6/1/2018. Motions due by 6/29/2018. Mediation Notice due by 6/6/2018. Signed by Chief Judge William Keith Watkins on 8/3/2017. Copies furnished to calendar group, AR.(dmn, ) (Entered: 08/03/2017)
GENERAL BRIEFING ORDER setting out briefing schedule for dispositive motions as further set out in the order. Signed by Chief Judge William Keith Watkins on 7/12/2017. (dmn, ) (Entered: 07/12/2017)
RULE 26(f) ORDER directing the parties to file the Rule 26(f) report containing the proposed discovery plan as further set out in the order. Rule 26 Meeting Report due by 8/2/2017. Signed by Chief Judge William Keith Watkins on 7/12/2017. (dmn, ) (Entered: 07/12/2017)
ORDER that this action can proceed under 28 U.S.C. 1332(a) as further set out in the order. A Rule 26(f) Order will be entered separately. Signed by Chief Judge William Keith Watkins on 7/12/2017. (dmn, ) (Entered: 07/12/2017)
ORDER: In a prior 8 Order, the court granted Plaintiff leave to move for limited jurisdictional discovery, if necessary, in order to establish the citizenship of Defendant. It is ORDERED as follows: (1) Plaintiff's 9 Motion for Leave to Conduct Limited Jurisdictional Discovery Due is GRANTED; (2) Defendant is DIRECTED to respond to Plaintiff's Requests for Admission on or before 5/4/2017; and (3) The deadline for Plaintiff to file a jurisdictional statement is EXTENDED from 5/2/2017, to and including 5/12/2017. Signed by Chief Judge William Keith Watkins on 4/26/2017. (dmn, ) (Entered: 04/26/2017)
ORDER that Plaintiff, who bears the burden of establishing subject matter jurisdiction, is granted leave to file a jurisdictional statement on or before 5/2/2017, to correct the deficient allegations of citizenship as further set out in the order. Plaintiff shall confer with Defendant prior to filing the jurisdictional statement and shall indicate in the statement whether Defendant agrees with the jurisdictional allegations. Should Plaintiff face an insurmountable hurdle in ascertaining Defendants citizenship, Plaintiff is granted leave to file a motion on or before 4/28/2017, to conduct limited jurisdictional discovery on the issue of 1332 citizenship. Signed by Chief Judge William Keith Watkins on 4/18/2017. (dmn, ) (Entered: 04/18/2017)
Return Receipt Card showing service of complaint and summons signed by William E. Greene (name illegible) for Four Four, LLC served on 2/27/2017, answer due 3/20/2017. (dmn, ) (Entered: 03/01/2017)
Case reassigned to Chief Judge William Keith Watkins. Honorable Judge W. Harold Albritton, III no longer assigned to the case as presiding judge. (dmn, ) (Entered: 02/27/2017)
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