FCCI Insurance Company v. Island Pointe LLC

Federal Civil Lawsuit South Carolina District Court, Case No. 2:17-cv-01976
District Judge Margaret B. Seymour, presiding
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District Judge Margaret B. Seymour
Last Updated July 29, 2025 at 5:30 PM EDT (8.6 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
Defendant: Accident Fund Insurance Company, ACME Doors Inc, Alderman Construction Inc, American Residential Services, L.l.c., American Safety Insurance Company, Anonymized Party [090E21B], Anonymized Party [5036777], Atlantic Building Construction Services Inc, Bishop & Sons Plumbing & Piping Inc, Cabinet Concepts Inc, Carolina Shelving & Mirror Company Inc, Catawba Insurance Company, Christopher N Union, Cohen's Drywall Company Inc, Colony Insurance Company, Colony Specialty Insurance Company, Complete Building Corporation, Corinthian Marble Inc, Creekside of Charleston, Inc., Creekside Painting Inc, CRG Engineering Inc, D & S Plumbing Inc, Fireman's Insurance Company of Washington DC, Floyd Stanley, Jr, Hartford Casualty Insurance Company, Interstate Fire and Casualty Company, Island Pointe LLC, Kelly Flooring Products Inc, Kevin Mosley, Liberty Mutual Fire Insurance Company, Lloyd's Of London And Underwriters At Lloyd's, Lowcountry Tile Contractors Inc, Mar Cleaning LLC, Mount Hawley Insurance Company, Nationwide Insurance Company of America, Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company, Novus Architects Inc, Ohio Casualty Insurance Company, The, Old Republic Insurance Company, Owners Insurance Company, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc., Penn National Security Insurance Company, Pennsylvania Lumbermens Mutual Insurance Company, Pennsylvania National Mutual Casualty Insurance Company, Pile Drivers Inc, Scottsdale Insurance Company, Selective Insurance Company, Tallent and Sons Inc, Tapco Underwriters, Inc., Tri-County Roofing Inc, Truteam Inc, Under Construction Ltd, United Specialty Insurance Company, W C Services Inc, West American Insurance Company
Counter-Claimant: Anonymized Party [5036777], Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc.
Counter-Defendant: Anonymized Party [C7F9A82], Fcci Insurance Company, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc.
Cross defendant: Anonymized Party [C7F9A82], Complete Building Corporation, Island Pointe LLC, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc., W C Services Inc
Third party defendant: Anonymized Party [C7F9A82], Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc.
Plaintiff: Fcci Insurance Company
Cross claimant: Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company
Third party plaintiff: Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company
Attributes
Citation Section 28 U.S.C. § 2201
Nature of Suit Insurance
Jurisdiction Diversity
Case Status open
Jury Demand Both
Anonymization By SCALES
Timeline
  Entries (176) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Opinion 201 Filed: 9/21/2020, Entered: 9/21/2020
ORDER to Administratively Close Case: The Court finds that a Motion for a new trial in the underlying case for this declaratory judgment action is currently pending before the South Carolina Court of Appeals. The parties advised the Court that they anticipate that the S.C. Court of Appeals will schedule argument on the matter for late spring or early summer of 2021. The Court Orders that this action is administratively closed, subject to reinstatement on the motion of either party should the determination of WC Service's liability in the Underlying Action change, or as is otherwise appropriate. Signed by Honorable Margaret B Seymour on 9/18/2020. (vdru, )
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Blank 200 Filed: 9/16/2020, Entered: 9/16/2020
Minute Entry. Proceedings held before Honorable Margaret B Seymour: Telephone Status Conference held on 9/16/2020. Court to issue written order. Court Reporter: Tana Hess. (ssam, )
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Legal Document (Payment Possibly Required) 199 Filed: 9/16/2020, Entered: 9/16/2020
SUPPLEMENT by Elizabeth A. Bushey, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc. to 197 Order,, . (Lucey, Justin)
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Legal Document (Payment Possibly Required) 198 Filed: 9/15/2020, Entered: 9/15/2020
SUPPLEMENT by Nationwide Mutual Insurance Company to 197 Order,, . (Attachments: # 1 Exhibit A - Stipulation of Dismissal, # 2 Exhibit B - Motion to Dismiss, # 3 Exhibit C - NW Return, # 4 Exhibit D - NW Suppl)(Newton, Timothy) (Additional attachment(s) added on 9/16/2020: # 5 Exhibit E: Order- SC Supreme Court) (vdru, ). Modified on 9/16/2020 to add Exhibit E per the filer's request.(vdru, ).
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Blank 197 Filed: 9/14/2020, Entered: 9/14/2020
TEXT ORDER/ IMPORTANT NOTICE re 195 Notice of Status Conference: In advance of the Telephonic Status Conference set for Wednesday, September 16, 2020, the court asks counsel to prepare to discuss whether, in light of the defense verdict entered against Nationwide Mutual Fire Insurance Company's insured in the underlying action, (1) this lawsuit presents a live case and controversy; and (2) the amount in controversy necessary to establish diversity subject matter jurisdiction is satisfied at this point in time. Entered at the Direction of The Honorable Margaret B Seymour on 9/14/2020. (vdru, ) Modified on 9/17/2020 to reference 198 Supplement and 199 Supplement. (vdru, ).
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Blank 195 Filed: 9/8/2020, Entered: 9/8/2020
NOTICE of TELEPHONE STATUS CONFERENCE: Please be advised that a Telephone Status Conference is set for 9/16/2020 at 11:00 AM before Honorable Margaret B Seymour. **Counsel for Nationwide Mutual Fire Insurance Company shall arrange the call for all participating parties. Please provide conference call dial-in information to all parties and copy the Court at filingdocs_ecf_chas@scd.uscourts.gov.**(vdru, ) Modified to edit text on 9/8/2020 (vdru, ).
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Blank 194 Filed: 9/8/2020, Entered: 9/8/2020
TEXT ORDER granting 193 Motion for Extension of Time to File Reply: Palmetto Pointe's Reply to Nationwide Mutual Insurance Companys Response in Opposition to the Motion for Entry of Scheduling Order (ECF 192) is extended to September 16, 2020. Entered at the Direction of The Honorable Margaret B Seymour on 9/8/2020.(vdru, )
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Legal Document (Payment Possibly Required) 193 Filed: 9/8/2020, Entered: 9/8/2020
Consent MOTION for Extension of Time to File Response/Reply as to 192 Response in Opposition to Motion, by Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc.. Response to Motion due by 9/22/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Lucey, Justin)
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Legal Document (Payment Possibly Required) 192 Filed: 9/1/2020, Entered: 9/1/2020
RESPONSE in Opposition re 190 MOTION to Amend/Correct - Motion for Entry of a Scheduling Order Response filed by Nationwide Mutual Fire Insurance Company.Reply to Response to Motion due by 9/8/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit A - Discovery Responses)(Newton, Timothy)
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Legal Document (Payment Possibly Required) 190 Filed: 8/25/2020, Entered: 8/25/2020
MOTION to Amend/Correct - Motion for Entry of a Scheduling Order by Elizabeth A. Bushey, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc.. Response to Motion due by 9/8/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Lucey, Justin)
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Legal Document (Payment Possibly Required) 189 Filed: 8/25/2020, Entered: 8/25/2020
Withdrawal of Motions: 182 MOTION to Stay re 179 MOTION for Summary Judgment Until Pending Petition for Rehearing is Decided filed by Elizabeth A. Bushey, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc... (Lucey, Justin)
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Legal Document (Payment Possibly Required) 188 Filed: 8/25/2020, Entered: 8/25/2020
Additional Attachments to Main Document 184 Response in Opposition to Motion,,,. First attachment description: Notice of Supplemental Authority . (Attachments: # 1 Exhibit 1 August 12, 2020 SCSC Opinion)(Lucey, Justin)
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Legal Document (Payment Possibly Required) 187 Filed: 8/18/2020, Entered: 8/18/2020
SUPPLEMENT by Nationwide Mutual Insurance Company to 179 MOTION for Summary Judgment . (Attachments: # 1 Supporting Documents)(Newton, Timothy)
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Legal Document (Payment Possibly Required) 186 Filed: 7/2/2020, Entered: 7/2/2020
REPLY to Response to Motion re 182 MOTION to Stay re 179 MOTION for Summary Judgment Until Pending Petition for Rehearing is Decided Response filed by Elizabeth A. Bushey, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc.. (Lucey, Justin)
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Legal Document (Payment Possibly Required) 185 Filed: 6/29/2020, Entered: 7/1/2020
REPLY to Response to Motion re 179 MOTION for Summary Judgment Response filed by Nationwide Mutual Insurance Company. (Newton, Timothy). (Attachments: # 1 Exhibit R: Nationwide's Return, # 2 Exhibit S: Builders Mutual's Return, # 3 Exhibit T: Mease Trial Testimony). Refiled by the Clerk to correct filing event type.(vdru, ).
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Legal Document (Payment Possibly Required) 184 Filed: 6/25/2020, Entered: 6/25/2020
RESPONSE in Opposition re 179 MOTION for Summary Judgment Response filed by Elizabeth A. Bushey, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc..Reply to Response to Motion due by 7/2/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit A - Opinion 27970, # 2 Exhibit B - Petition for Rehearing, # 3 Exhibit C - Email from Supreme Court, # 4 Exhibit D - Trial Testimony - Smits, # 5 Exhibit E - Trial Testimony - Lazo, # 6 Exhibit F - Trial Testimony - Mease, # 7 Exhibit G - Pl's Ex. 1039, # 8 Exhibit H- Declaration of Smits, # 9 Exhibit I - Pls' Ex. 352, # 10 Exhibit J - Pls' Ex. 40, # 11 Exhibit K - Pay App, # 12 Exhibit L - Pls' Ex. 203)(Lucey, Justin) Modified to reference 188 Additional Attachments on 8/27/2020 (vdru, ).
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Legal Document (Payment Possibly Required) 183 Filed: 6/25/2020, Entered: 6/25/2020
RESPONSE in Opposition re 182 MOTION to Stay re 179 MOTION for Summary Judgment Until Pending Petition for Rehearing is Decided Response filed by Nationwide Mutual Insurance Company.Reply to Response to Motion due by 7/2/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Newton, Timothy)
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Legal Document (Payment Possibly Required) 182 Filed: 6/22/2020, Entered: 6/22/2020
MOTION to Stay re 179 MOTION for Summary Judgment Until Pending Petition for Rehearing is Decided by Elizabeth A. Bushey, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc.. Response to Motion due by 7/6/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A: Petition for Rehearing, 5/28/20.)No proposed order.(Lucey, Justin) Modified to add exhibit description on 6/23/2020 (vdru, ).
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Blank 181 Filed: 5/22/2020, Entered: 5/22/2020
TEXT ORDER granting 180 Motion for Extension of Time to File Response/Reply re 179 MOTION for Summary Judgment . Response to Motion due by 6/25/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Entered at the Direction of The Honorable Margaret B Seymour on 5/22/2020.(vdru, )
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Legal Document (Payment Possibly Required) 180 Filed: 5/22/2020, Entered: 5/22/2020
MOTION for Extension of Time to File Response/Reply as to 179 MOTION for Summary Judgment by Elizabeth A. Bushey, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc.. Response to Motion due by 6/5/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Lucey, Justin)
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Legal Document (Payment Possibly Required) 179 Filed: 5/14/2020, Entered: 5/14/2020
MOTION for Summary Judgment by Nationwide Mutual Fire Insurance Company. Response to Motion due by 5/28/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support of Motion for Summary Judgment, # 2 Supporting Documents Ex Parte BMIC, # 3 Exhibit A - 2nd Amd Complaint, # 4 Exhibit B - Order on jury verdict, # 5 Exhibit C - Transcript Excerpts, # 6 Exhibit D - Pls 1044, # 7 Exhibit E - Pls 141, # 8 Exhibit F - Pls 679, # 9 Exhibit G - Mot 4 New Trial, # 10 Exhibit H - WC Return, # 11 Exhibit I - Pls Reply, # 12 Exhibit J - Order denying post-trial motions, # 13 Exhibit K - Pl Mot 2 Reconsider, # 14 Exhibit L - WC Memo Opp, # 15 Exhibit M - Order denying Mot 2 Reconsider, # 16 Exhibit N - NOA, # 17 Exhibit O - Pls 203 - WC Servs subcontract, # 18 Exhibit P - Pls 789 Certificates of Occupancy, # 19 Exhibit Q - NW 2006-07 policy + cancel)No proposed order.(Newton, Timothy) Modified on 8/19/2020 to reference 187 Notice of Supplemental Authority. (vdru, ).
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Legal Document (Payment Possibly Required) 176 Filed: 6/26/2019, Entered: 6/26/2019
ORDER granting 174 Motion for Default Judgment: It is ordered that Default Judgment is entered against Defendant Complete Building Corporation and in favor of Nationwide Mutual Insurance Company in this matter. Signed by Honorable Margaret B Seymour on 6/26/2019.(vdru, )
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Legal Document (Payment Possibly Required) 175 Filed: 6/12/2019, Entered: 6/12/2019
CERTIFICATE OF SERVICE by Nationwide Mutual Fire Insurance Company re 174 MOTION for Default Judgment as to Complete Building Corporation (Newton, Timothy)
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Legal Document (Payment Possibly Required) 174 Filed: 6/12/2019, Entered: 6/12/2019
MOTION for Default Judgment as to Complete Building Corporation by Nationwide Mutual Insurance Company. Response to Motion due by 6/26/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Newton, Timothy)
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Blank 173 Filed: 6/10/2019, Entered: 6/10/2019
Clerk's ENTRY OF DEFAULT as to Complete Building Corporation. (vdru, )
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Legal Document (Payment Possibly Required) 172 Filed: 6/7/2019, Entered: 6/7/2019
REQUEST FOR ENTRY OF DEFAULT byNationwide Mutual Insurance Company. (Attachments: # 1 Affidavit)(Newton, Timothy)
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Blank 171 Filed: 4/29/2019, Entered: 4/29/2019 Court Filing
DELETION OF DOCKET ENTRY NUMBER 170 Reason: Correspondence should be emailed and not filed, per Judge Seymour's filing preferences. Counsel may file a motion to amend the scheduling order and email the proposed order. (vdru, )
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Legal Document (Payment Possibly Required) 169 Filed: 4/18/2019, Entered: 4/18/2019
ORDER & OPINION denying 166 Third-Party Defendants Motion to dismiss and/or stay. Signed by Honorable Margaret B Seymour on 4/18/2019.(vdru, )
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Legal Document (Payment Possibly Required) 168 Filed: 10/26/2018, Entered: 10/26/2018
REPLY to Response to Motion re 166 MOTION to Dismiss OR, IN THE ALTERNATIVE TO STAY AND/OR ABSTAIN AND MEMORANDUM IN SUPPORT Response filed by Elizabeth A. Bushey, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc.. (Lucey, Justin)
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Legal Document (Payment Possibly Required) 167 Filed: 10/19/2018, Entered: 10/19/2018
RESPONSE in Opposition re 166 MOTION to Dismiss OR, IN THE ALTERNATIVE TO STAY AND/OR ABSTAIN AND MEMORANDUM IN SUPPORT Response filed by Nationwide Mutual Insurance Company.Reply to Response to Motion due by 10/26/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit Exhibit 1-Second Amended Summons, # 2 Exhibit Exhibit 2- Plaintiff's Memo in Opp to Continental's Western Ins Co's Motion to Intervene)(Newton, Timothy)
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Legal Document (Payment Possibly Required) 166 Filed: 10/19/2018, Entered: 10/19/2018
MOTION to Dismiss OR, IN THE ALTERNATIVE TO STAY AND/OR ABSTAIN AND MEMORANDUM IN SUPPORT by Elizabeth A. Bushey, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc.. Response to Motion due by 11/2/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Lucey, Justin)
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Blank 165 Filed: 10/4/2018, Entered: 10/4/2018
Minute Entry. Proceedings held before Honorable Margaret B Seymour: Telephone Conference held on 10/4/2018. Parties to brief the issue of staying the case pending the underlying action by 10/22/2018. Court Reporter: Ray Simmons. (ssam, )
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Blank 164 Filed: 10/1/2018, Entered: 10/1/2018
NOTICE of HEARING: Please be advised that a Telephone Scheduling Conference for the remaining parties in this action is set for Thursday, 10/4/2018 at 1:00 PM before Honorable Margaret B Seymour. The attorney for the cross claimant Nationwide Mutual Insurance Company shall initiate the call and have the participating parties on the line prior to contacting the Court at 843-579-1497 at 1:00 PM. (vdru, )
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Legal Document (Payment Possibly Required) 161 Filed: 9/27/2018, Entered: 9/27/2018
STIPULATION of Dismissal With Prejudice by FCCI Insurance Company. (Flynn, William)
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Legal Document (Payment Possibly Required) 159 Filed: 8/28/2018, Entered: 8/28/2018
ORDER and OPINION granting 121 Motion for Judgment on the Pleadings; granting 137 Motion to Dismiss for Lack of Jurisdiction; granting 137 Motion to Dismiss for Failure to State a Claim; granting 138 Motion to Dismiss for Failure to State a Claim; granting 138 Motion to Dismiss for Lack of Jurisdiction; granting 139 Motion to Dismiss for Failure to State a Claim; granting 139 Motion to Dismiss for Lack of Jurisdiction; granting 144 Motion to Dismiss for Failure to State a Claim; granting 146 Motion to Dismiss for Failure to State a Claim. Signed by Honorable Margaret B Seymour on 8/27/2018.(vdru, )
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Legal Document (Payment Possibly Required) 158 Filed: 8/1/2018, Entered: 8/1/2018
AFFIDAVIT of of Service by Nationwide Insurance Company of America, Nationwide Mutual Fire Insurance Company, Nationwide Mutual Insurance Company. (Attachments: # 1 Exhibit Certified Mail)(Murphy, John)
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Blank 157 Filed: 7/27/2018, Entered: 7/27/2018
DELETION OF DOCKET ENTRY NUMBER 157 Reason: Clerk's filing error. (egra, )
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Legal Document (Payment Possibly Required) 156 Filed: 7/16/2018, Entered: 7/16/2018
AFFIDAVIT of Service for Answers to Amended Complaint, Counterclaim and Cross-Claim to Plaintiff's Complaint served on WC Services, Inc. on 06/25/2018, filed by W C Services Inc. (Attachments: # 1 Exhibit Certified Letter)(Newton, Timothy)
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Legal Document (Payment Possibly Required) 155 Filed: 6/22/2018, Entered: 6/22/2018
Summons Reissued as to W C Services Inc. (vdru, )
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Legal Document (Payment Possibly Required) 154 Filed: 6/21/2018, Entered: 6/21/2018
ORDER granting 153 Motion for Service by Publication: The Court finds that the requirements of Section 15-9-210(c) have been met and it is ordered that Nationwide Mutual Fire Insurance Company and Nationwide Insurance Company of Americas Motion for Service is Granted. Signed by Honorable Margaret B Seymour on 6/20/2018.(vdru, )
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Legal Document (Payment Possibly Required) 153 Filed: 6/11/2018, Entered: 6/11/2018
MOTION for Service by Publication by Nationwide Mutual Insurance Company. Response to Motion due by 6/25/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit)Proposed order is being emailed to chambers with copy to opposing counsel.(Newton, Timothy)
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Legal Document (Payment Possibly Required) 152 Filed: 6/8/2018, Entered: 6/8/2018
NOTICE of Request for Protection from Court Appearance by Robert T Lyles, Jr for July 27, 2018 to August 13, 2018 (Lyles, Robert)
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Blank 151 Filed: 5/8/2018, Entered: 5/8/2018
TEXT ORDER granting 149 Motion to Stay: The scheduling order in this case is stayed as to all defendants pending the court's ruling on the pending motion for judgment on the pleadings (ECF No. 121) and the pending motions to dismiss (ECF No. 137, 138, 139, 144, 146). A scheduling conference will be noticed in due course. Entered at the Direction of The Honorable Margaret B Seymour on 5/8/2018.(vdru, )
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Legal Document (Payment Possibly Required) 150 Filed: 5/3/2018, Entered: 5/3/2018
RESPONSE in Support re 149 MOTION to Stay Response filed by Mount Hawley Insurance Company. (DuPre, Allen)
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Legal Document (Payment Possibly Required) 149 Filed: 4/19/2018, Entered: 4/19/2018
MOTION to Stay by Nationwide Mutual Insurance Company. Response to Motion due by 5/3/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Newton, Timothy)
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Blank 148 Filed: 4/10/2018, Entered: 4/10/2018
NOTICE OF CHANGE OF CASE NUMBER from 2:17-cv-1976-RMG to 2:17-cv-1976-MBS. Please use the new case number on all future filings. (vdru, )
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Blank 147 Filed: 4/10/2018, Entered: 4/10/2018 Court Filing
Case Reassigned to Judge Margaret B Seymour. Judge Richard M Gergel no longer assigned to the case. (suro, )
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Legal Document (Payment Possibly Required) 146 Filed: 4/2/2018, Entered: 4/2/2018
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Motion to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law by Colony Specialty Insurance Company. Response to Motion due by 4/16/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Harris, David)
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Legal Document (Payment Possibly Required) 145 Filed: 4/2/2018, Entered: 4/2/2018
ORDER AND OPINION The consent motion (Dkt. No. 142 ) is GRANTED with respect to the dismissal of the Counterclaims. Additionally, FCCI's Motion to Dismiss the Counterclaims (Dkt. No. 136 ) is therefore DENIED AS MOOT. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/2/2018.(sshe, )
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Legal Document (Payment Possibly Required) 144 Filed: 4/2/2018, Entered: 4/2/2018
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Motion to Dismiss for Lack of Jursidiction and Supporting Memorandum of Law) by Penn National Security Insurance Company, Pennsylvania National Mutual Casualty Insurance Company. Response to Motion due by 4/16/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Harris, David)
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Legal Document (Payment Possibly Required) 143 Filed: 3/28/2018, Entered: 3/28/2018
RESPONSE in Opposition re 139 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , 137 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 138 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Response filed by FCCI Insurance Company.Reply to Response to Motion due by 4/4/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Flynn, William)
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Legal Document (Payment Possibly Required) 142 Filed: 3/26/2018, Entered: 3/26/2018
Consent MOTION to Dismiss by Elizabeth A. Bushey, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc.. Response to Motion due by 4/9/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Lucey, Justin)
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Blank 141 Filed: 3/20/2018, Entered: 3/20/2018
TEXT ORDER granting 140 Motion for Extension of Time to File Response/Reply to 136 MOTION to Dismiss. Response to Motion due by 3/26/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Entered at the direction of the Honorable Richard M Gergel on 3/20/18.(ltap, )
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Legal Document (Payment Possibly Required) 140 Filed: 3/19/2018, Entered: 3/19/2018
MOTION for Extension of Time to File Response/Reply as to 136 MOTION to Dismiss by Elizabeth A. Bushey, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc.. Response to Motion due by 4/2/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Lucey, Justin)
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Legal Document (Payment Possibly Required) 139 Filed: 3/14/2018, Entered: 3/14/2018
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Response to Motion due by 3/28/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Fireman's Insurance Company of Washington DC. No proposed order.(Newton, Timothy)
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Legal Document (Payment Possibly Required) 138 Filed: 3/14/2018, Entered: 3/14/2018
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Response to Motion due by 3/28/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Nationwide Mutual Fire Insurance Company. No proposed order.(Newton, Timothy)
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Legal Document (Payment Possibly Required) 137 Filed: 3/14/2018, Entered: 3/14/2018
MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response to Motion due by 3/28/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Nationwide Mutual Insurance Company. No proposed order.(Newton, Timothy)
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Legal Document (Payment Possibly Required) 136 Filed: 3/5/2018, Entered: 3/5/2018
MOTION to Dismiss by FCCI Insurance Company. Response to Motion due by 3/19/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Flynn, William)
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Legal Document (Payment Possibly Required) 134 Filed: 3/5/2018, Entered: 3/5/2018
STIPULATION of Dismissal Without Prejudice by Selective Insurance Company. (Montague, Shelley)
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Legal Document (Payment Possibly Required) 132 Filed: 2/23/2018, Entered: 2/23/2018
ORDER AND OPINION GRANTING 84 United's Motion to Dismiss; DENYING AS MOOT 118 Defendants Scottsdale Insurance Company, Liberty Mutual Fire Insurance Company, Pennsylvania Lumbermens Mutual Insurance Company, and United Specialty Insurance Company's Motion to Stay Discovery Signed by Honorable Richard M Gergel on 2/23/2018.(sshe, )
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Legal Document (Payment Possibly Required) 130 Filed: 2/22/2018, Entered: 2/22/2018
ORDER AND OPINION GRANTING the six Motions to Dismiss (Dkt. Nos. 14 , 38 , 43 , 48 , 92 , 95 ) and DENYING WITHOUT PREJUDICE 126 FCCI's Motion for Leave to File a Second Amended Complaint Signed by Honorable Richard M Gergel on 2/22/2018.(sshe, )
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Legal Document (Payment Possibly Required) 129 Filed: 2/20/2018, Entered: 2/20/2018
REPLY to Response to Motion re 121 MOTION for Judgment on the Pleadings Response filed by Mount Hawley Insurance Company. (DuPre, Allen)
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Legal Document (Payment Possibly Required) 128 Filed: 2/20/2018, Entered: 2/20/2018
Local Rule 26.01 Answers to Interrogatories by Fireman's Insurance Company of Washington DC.(Newton, Timothy)
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Legal Document (Payment Possibly Required) 127 Filed: 2/13/2018, Entered: 2/13/2018
RESPONSE in Support re 126 MOTION to Amend/Correct Response filed by Creekside of Charleston, Inc.. (Luck, Jason)
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Legal Document (Payment Possibly Required) 126 Filed: 2/12/2018, Entered: 2/12/2018
MOTION to Amend/Correct by FCCI Insurance Company. Response to Motion due by 2/26/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Second Amended Complaint (Proposed))Proposed order is being emailed to chambers with copy to opposing counsel.(Flynn, William)
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Legal Document (Payment Possibly Required) 125 Filed: 2/12/2018, Entered: 2/12/2018
RESPONSE in Opposition re 121 MOTION for Judgment on the Pleadings Response filed by FCCI Insurance Company.Reply to Response to Motion due by 2/20/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Flynn, William)
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Legal Document (Payment Possibly Required) 124 Filed: 2/12/2018, Entered: 2/12/2018
ANSWER to Complaint (Amended), COUNTERCLAIM against FCCI Insurance Company by Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc., Elizabeth A Bushey.(Lucey, Justin)
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Legal Document (Payment Possibly Required) 122 Filed: 2/5/2018, Entered: 2/5/2018
RESPONSE in Opposition re 118 Joint MOTION to Stay Discovery by Scottsdale Insurance Company, Liberty Mutual Fire Insurance Company, Pennsylvania Lumbermens Mutual Insurance Company, and Response filed by FCCI Insurance Company.Reply to Response to Motion due by 2/12/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Flynn, William)
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Legal Document (Payment Possibly Required) 121 Filed: 1/29/2018, Entered: 1/29/2018
MOTION for Judgment on the Pleadings by Mount Hawley Insurance Company. Response to Motion due by 2/12/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(DuPre, Allen) (Additional attachment(s) added on 1/30/2018: # 1 Memo in Support) (sshe, ). Modified on 1/30/2018 to add to main document an attachment that was filed separately (sshe, ).
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Legal Document (Payment Possibly Required) 120 Filed: 1/24/2018, Entered: 1/24/2018
Summons Issued as to W C Services Inc. (sshe, )
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Legal Document (Payment Possibly Required) 119 Filed: 1/22/2018, Entered: 1/22/2018
RESPONSE in Support re 118 Joint MOTION to Stay Discovery by Scottsdale Insurance Company, Liberty Mutual Fire Insurance Company, Pennsylvania Lumbermens Mutual Insurance Company, and Response filed by Creekside of Charleston, Inc.. (Attachments: # 1 Exhibit A - Penn Natl Order)(Luck, Jason)
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Legal Document (Payment Possibly Required) 118 Filed: 1/22/2018, Entered: 1/22/2018
Joint MOTION to Stay Discovery by Scottsdale Insurance Company, Liberty Mutual Fire Insurance Company, Pennsylvania Lumbermens Mutual Insurance Company, and by United Specialty Insurance Company. Response to Motion due by 2/5/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Shaw, Joshua)
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Legal Document (Payment Possibly Required) 116 Filed: 12/22/2017, Entered: 12/22/2017
NOTICE of Voluntary Dismissal by FCCI Insurance Company (Flynn, William)
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Blank 115 Filed: 12/19/2017, Entered: 12/19/2017
DELETION OF DOCKET ENTRY NUMBER 111, 112 Reason: Attorney emailed corrected signature documents, refiled by clerk as Corrected Filing Document Number 114 as of filing date of original filing: 12/19/2017 (sshe, )
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Legal Document (Payment Possibly Required) 114 Filed: 12/19/2017, Entered: 12/19/2017
Affidavit of Service Unexecuted (Restricted Access) by FCCI Insurance Company as to D & S Plumbing Inc, W C Services Inc. Filing corrected by clerk (combined with incorrect entry now deleted) to replace with corrected signature documents, to correct event. (sshe, )
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Legal Document (Payment Possibly Required) 110 Filed: 12/18/2017, Entered: 12/18/2017
Local Rule 26.01 Answers to Interrogatories by Novus Architects Inc.(McCall, Michael)
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Legal Document (Payment Possibly Required) 109 Filed: 12/18/2017, Entered: 12/18/2017
ANSWER to 13 Amended Complaint by Novus Architects Inc.(McCall, Michael)
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Legal Document (Payment Possibly Required) 108 Filed: 12/8/2017, Entered: 12/8/2017
RESPONSE in Support re 84 MOTION to Dismiss Response filed by United Specialty Insurance Company. (Shaw, Joshua)
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Legal Document (Payment Possibly Required) 107 Filed: 12/8/2017, Entered: 12/8/2017
REPLY to Response to Motion re 43 MOTION to Dismiss all claims the Plaintiff FCCI Insurance Company asserts against Response filed by Pennsylvania Lumbermens Mutual Insurance Company. (O'Neil, William)
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Legal Document (Payment Possibly Required) 106 Filed: 12/8/2017, Entered: 12/8/2017
REPLY to Response to Motion re 48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Scottsdale Insurance Company. (Kennedy, Robert)
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Legal Document (Payment Possibly Required) 105 Filed: 12/5/2017, Entered: 12/5/2017
ORDER FOR EXTENSION OF TIME granting 103 Defendants Pennsylvania National Mutual Casualty Insurance Company and Penn National Security Insurance Company's Motion for Extension of Time to answer and respond to Plaintiff's First Set of Interrogatories and First Request for Production of Documents to Defendants Penn National up to and including 1/22/2018. Signed by Honorable Richard M Gergel on 12/5/2017.(sshe, )
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Legal Document (Payment Possibly Required) 104 Filed: 12/5/2017, Entered: 12/5/2017
ORDER FOR EXTENSION OF TIME granting 102 Defendant Colony Specialty Insurance Company's Motion for Extension of Time to answer and respond to Plaintiff's First Set of Interrogatories and First Request for Production of Documents to Defendant Colony Specialty up to and including 1/22/2018. Signed by Honorable Richard M Gergel on 12/5/2017.(sshe, )
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Legal Document (Payment Possibly Required) 103 Filed: 12/4/2017, Entered: 12/4/2017
Consent MOTION for Extension of Time (to serve their responses to Plaintiff's First Set of Interrogatories and First Request for Production of Documents) by Penn National Security Insurance Company, Pennsylvania National Mutual Casualty Insurance Company. Response to Motion due by 12/18/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order (Proposed Order for Extension of Time))Proposed order is being emailed to chambers with copy to opposing counsel.(Harris, David)
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Legal Document (Payment Possibly Required) 102 Filed: 12/4/2017, Entered: 12/4/2017
Consent MOTION for Extension of Time (to serve its responses to Plaintiff's First Set of Interrogatories and First Request for Production of Documents) by Colony Specialty Insurance Company. Response to Motion due by 12/18/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order (Proposed Order for Extension of Time))Proposed order is being emailed to chambers with copy to opposing counsel.(Harris, David)
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Legal Document (Payment Possibly Required) 101 Filed: 12/1/2017, Entered: 12/1/2017
RESPONSE in Opposition re 48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 84 MOTION to Dismiss , 43 MOTION to Dismiss all claims the Plaintiff FCCI Insurance Company asserts against, 95 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , 92 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by FCCI Insurance Company.Reply to Response to Motion due by 12/8/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Flynn, William)
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Legal Document (Payment Possibly Required) 100 Filed: 11/21/2017, Entered: 11/21/2017
Local Rule 26.01 Answers to Interrogatories by Interstate Fire and Casualty Company.(Bowers, Howard)
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Legal Document (Payment Possibly Required) 99 Filed: 11/21/2017, Entered: 11/21/2017
ANSWER to 13 Amended Complaint by Interstate Fire and Casualty Company.(Bowers, Howard)
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Legal Document (Payment Possibly Required) 98 Filed: 11/20/2017, Entered: 11/20/2017
ACCEPTANCE OF SERVICE OF COMPLAINT by FCCI Insurance Company. Creekside of Charleston, Inc. served on 11/8/2017, answer due 11/29/2017. (Flynn, William)
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Legal Document (Payment Possibly Required) 96 Filed: 11/17/2017, Entered: 11/17/2017
NOTICE of Voluntary Dismissal by FCCI Insurance Company (Flynn, William)
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Legal Document (Payment Possibly Required) 95 Filed: 11/17/2017, Entered: 11/17/2017
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Creekside of Charleston, Inc.. Response to Motion due by 12/1/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Luck, Jason)
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Legal Document (Payment Possibly Required) 94 Filed: 11/16/2017, Entered: 11/16/2017
TEXT ORDER granting 93 Motion for Extension of Time until 12/1/17 for Plaintiff to file a single Response to all Motions to Dismiss. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 11/16/17.(ltap, )
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Legal Document (Payment Possibly Required) 93 Filed: 11/15/2017, Entered: 11/15/2017
MOTION for Extension of Time by FCCI Insurance Company. Response to Motion due by 11/29/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit email granting extension)No proposed order.(Flynn, William)
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Legal Document (Payment Possibly Required) 92 Filed: 11/7/2017, Entered: 11/7/2017
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by American Residential Services LLC. Response to Motion due by 11/21/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support of Motion to Dismiss)No proposed order.(Chiovaro, Heather)
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Legal Document (Payment Possibly Required) 91 Filed: 11/7/2017, Entered: 11/7/2017
ANSWER to 13 Amended Complaint by Colony Specialty Insurance Company.(Harris, David)
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Legal Document (Payment Possibly Required) 90 Filed: 11/7/2017, Entered: 11/7/2017
Local Rule 26.01 Answers to Interrogatories by Pennsylvania National Mutual Casualty Insurance Company.(Harris, David)
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Legal Document (Payment Possibly Required) 89 Filed: 11/7/2017, Entered: 11/7/2017
ANSWER to 13 Amended Complaint by Pennsylvania National Mutual Casualty Insurance Company.(Harris, David)
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Legal Document (Payment Possibly Required) 88 Filed: 11/7/2017, Entered: 11/7/2017
Local Rule 26.01 Answers to Interrogatories by Penn National Security Insurance Company.(Harris, David)
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Legal Document (Payment Possibly Required) 87 Filed: 11/7/2017, Entered: 11/7/2017
ANSWER to 13 Amended Complaint by Penn National Security Insurance Company.(Harris, David)
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Legal Document (Payment Possibly Required) 86 Filed: 11/6/2017, Entered: 11/7/2017
Local Rule 26.01 Answers to Interrogatories by United Specialty Insurance Company.(Shaw, Joshua) (Clerk refiled as separate document)(sshe, )
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Legal Document (Payment Possibly Required) 84 Filed: 11/6/2017, Entered: 11/6/2017
MOTION to Dismiss by United Specialty Insurance Company. Response to Motion due by 11/20/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support Memo in Support of United Specialty Insurance Company's Motion to Dismiss, # 2 Exhibit Policy - A, # 3 Exhibit Policy - B, # 4 removed)No proposed order.(Shaw, Joshua) Modified on 11/7/2017 to remove attachment and file separately as document 86 (sshe, ). (Attachment 2 replaced on 11/7/2017) (sshe, ). (Attachment 3 replaced on 11/7/2017) (sshe, ). Modified on 11/7/2017 to replace with corrected/redacted documents as requested and provided by filing user(sshe, ). (Attachment 2 replaced on 2/1/2018) (sshe, ). (Attachment 3 replaced on 2/1/2018) (sshe, ). Modified on 2/1/2018 to replace with additionally corrected/redacted documents as requested and provided by filing user (sshe, ).
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Legal Document (Payment Possibly Required) 83 Filed: 11/3/2017, Entered: 11/3/2017
Local Rule 26.01 Answers to Interrogatories by Selective Insurance Company.(Montague, Shelley)
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Legal Document (Payment Possibly Required) 82 Filed: 11/3/2017, Entered: 11/3/2017
ANSWER to 13 Amended Complaint by Selective Insurance Company. (Attachments: # 1 Exhibit Emails regarding extension)(Montague, Shelley)
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Legal Document (Payment Possibly Required) 80 Filed: 11/3/2017, Entered: 11/3/2017
TEXT ORDER granting 79 Motion for Extension of Time to Answer. Interstate Fire and Casualty Company's answer is due on or before November 21, 2017. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 11/3/17.(ltap, )
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Legal Document (Payment Possibly Required) 79 Filed: 11/2/2017, Entered: 11/2/2017
Consent MOTION for Extension of Time to Answer or Otherwise Respond to the Amended Complaint by Interstate Fire and Casualty Company. Response to Motion due by 11/16/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Bowers, Howard)
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Legal Document (Payment Possibly Required) 77 Filed: 11/1/2017, Entered: 11/1/2017
Local Rule 26.01 Answers to Interrogatories by Kevin Mosley.(Anderson, David)
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Legal Document (Payment Possibly Required) 76 Filed: 11/1/2017, Entered: 11/1/2017
ANSWER to 13 Amended Complaint by Kevin Mosley.(Anderson, David)
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Legal Document (Payment Possibly Required) 74 Filed: 11/1/2017, Entered: 11/1/2017
Local Rule 26.01 Answers to Interrogatories by Catawba Insurance Company.(Anderson, David)
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Legal Document (Payment Possibly Required) 73 Filed: 11/1/2017, Entered: 11/1/2017
ANSWER to 13 Amended Complaint by Catawba Insurance Company.(Anderson, David)
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Legal Document (Payment Possibly Required) 72 Filed: 11/1/2017, Entered: 11/1/2017
ORDER TO CONDUCT MEDIATION Mediation Due by 6/13/2018 Signed by Honorable Richard M Gergel on 11/1/2017. (sshe, )
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Legal Document (Payment Possibly Required) 71 Filed: 11/1/2017, Entered: 11/1/2017
AMENDED SCHEDULING ORDER Motions to Amend Pleadings due by 2/12/2018, Plaintiffs ID of Expert Witness due by 3/13/2018, Defendants ID of Expert Witnesses Due by 4/12/2018, Records Custodian Affidavit due by 4/19/2018, Discovery due by 5/13/2018, Motion in Limine due by 15 business days prior to jury selection, Motions due by 5/27/2018, Rule 26(a)(3) Disclosures due by 21 business days prior to jury selection, Pretrial Briefs due by 5 business days prior to jury selection, Case ready for Jury Selection and/or Trial Deadline on or after 9/1/2018 Signed by Honorable Richard M Gergel on 11/1/2017. (sshe, )
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Legal Document (Payment Possibly Required) 75 Filed: 10/31/2017, Entered: 11/1/2017
Local Rule 26.01 Answers to Interrogatories by Mount Hawley Insurance Company. (DuPre, Allen)(sshe, )
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Legal Document (Payment Possibly Required) 70 Filed: 10/31/2017, Entered: 10/31/2017
ANSWER to 13 Amended Complaint by Mount Hawley Insurance Company. (Attachments: # 1 Exhibit Exhibit Index, # 2 Exhibit Mt. Hawley Return of Waiver Letter dated September 7, 2017, # 3 Exhibit Policy No. MGL0139788 (02/18/2005-02/18/2006) issued to Policy Holder Complete Building Corp Inc., # 4 Exhibit Policy No. MGL0143755 (02/18/2006-02/18/2007) issued to Policy Holder Complete Building Corp Inc., # 5 Exhibit Policy No. MGLOl50688 (02/18/2007-02/18/2008) issued to Policy Holder Complete Building Corp Inc., # 6 Exhibit Policy No. RXL0251184 (02/18/2007-02/18/2008) issued to Policy Holder Complete Building Corporation, # 7 Exhibit Policy No. MGL0I51392 (02/18/2008-02/18/2009) issued to Policy Holder Complete Building Corp Inc., # 8 Exhibit Policy No. RXL0251186 (02/18/2008-02/18/2009) issued to Policy Holder Complete Building Corporation, # 9 Exhibit Mt. Hawley Denial Letter dated March 11, 2015, # 10 Exhibit Palmetto Pointe at Peas Island POA, et al. v. Island Pointe, LLC. et al.; Case No. 15-CP-10-955, # 11 removed, filed separately)(DuPre, Allen) Modified on 11/1/2017 to remove attachment and file separately as document 74 (sshe, ).
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Legal Document (Payment Possibly Required) 69 Filed: 10/31/2017, Entered: 10/31/2017
NOTICE of Appearance by Shelley S Montague on behalf of Selective Insurance Company (Montague, Shelley)
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Legal Document (Payment Possibly Required) 68 Filed: 10/26/2017, Entered: 10/26/2017
LETTER EXTENDING TIME TO ANSWER Catawba Insurance Company answer due 11/7/2017; Kevin Mosley answer due 11/7/2017. (Attachments: # 1 Exhibit A - Email Granting Extension of Time to Answer)(Anderson, David)
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Legal Document (Payment Possibly Required) 67 Filed: 10/26/2017, Entered: 10/26/2017
Summons Issued as to Kevin Mosley. (sshe, )
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Legal Document (Payment Possibly Required) 66 Filed: 10/26/2017, Entered: 10/26/2017
ORDER granting 63 FCCI's Motion for Extension of Time to file responses to Motions to Dismiss (Dkt. Nos. 38, 43, and 48). FCCI shall file its response to the aforementioned motions to dismiss on or before December 1, 2017. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/27/2017.(sshe, )
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Legal Document (Payment Possibly Required) 64 Filed: 10/26/2017, Entered: 10/26/2017
ORDER amending 61 Text Order; granting 60 Motion for Extension of Time to Answer. Hartford Casualty Insurance Company shall file its response to Plaintiff's Amended Complaint on or before November 22, 2017. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/27/2017. (sshe, )
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Legal Document (Payment Possibly Required) 63 Filed: 10/25/2017, Entered: 10/25/2017
MOTION for Extension of Time by FCCI Insurance Company. Response to Motion due by 11/8/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Email #1, # 2 Supporting Documents Email #2, # 3 Supporting Documents Email #3)Proposed order is being emailed to chambers with copy to opposing counsel.(Flynn, William)
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Legal Document (Payment Possibly Required) 62 Filed: 10/25/2017, Entered: 10/25/2017
Summons Issued as to CRG Engineering Inc, Creekside Painting Inc, D & S Plumbing Inc. (sshe, )
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Legal Document (Payment Possibly Required) 61 Filed: 10/25/2017, Entered: 10/25/2017
TEXT ORDER granting in part and denying in part 60 Motion for Extension of Time to Answer. Defendant's answer is due on or before 11/7/17. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 10/25/17.(ltap, )
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Legal Document (Payment Possibly Required) 60 Filed: 10/24/2017, Entered: 10/24/2017
First MOTION for Extension of Time to File Answer by Hartford Casualty Insurance Company. Response to Motion due by 11/7/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Best, L)
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Legal Document (Payment Possibly Required) 59 Filed: 10/24/2017, Entered: 10/24/2017
NOTICE of Appearance by L Dean Best on behalf of Hartford Casualty Insurance Company (Best, L)
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Legal Document (Payment Possibly Required) 58 Filed: 10/20/2017, Entered: 10/20/2017
ORDER granting 53 Motion for Extension of Time to Answer. Penn National Security Insurance Company answer due 11/7/2017; Pennsylvania National Mutual Casualty Insurance Company answer due 11/7/2017. Signed by Honorable Richard M Gergel on 10/20/2017.(sshe, )
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Legal Document (Payment Possibly Required) 57 Filed: 10/20/2017, Entered: 10/20/2017
ORDER granting 52 Motion for Extension of Time to Answer. Colony Specialty Insurance Company answer due 11/7/2017. Signed by Honorable Richard M Gergel on 10/20/2017.(sshe, )
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Legal Document (Payment Possibly Required) 56 Filed: 10/19/2017, Entered: 10/19/2017
Local Rule 26.01 Answers to Interrogatories by Old Republic Insurance Company.(Bouch, Timothy)
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Legal Document (Payment Possibly Required) 55 Filed: 10/19/2017, Entered: 10/19/2017
ANSWER to 13 Amended Complaint by Old Republic Insurance Company.(Bouch, Timothy)
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Legal Document (Payment Possibly Required) 54 Filed: 10/19/2017, Entered: 10/19/2017
NOTICE of Appearance by Timothy William Bouch on behalf of Old Republic Insurance Company (Bouch, Timothy)
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Legal Document (Payment Possibly Required) 53 Filed: 10/19/2017, Entered: 10/19/2017
Consent MOTION for Extension of Time to File Answer re 13 Amended Complaint by Penn National Security Insurance Company, Pennsylvania National Mutual Casualty Insurance Company. Response to Motion due by 11/2/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order (Proposed Order))Proposed order is being emailed to chambers with copy to opposing counsel.(Harris, David)
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Legal Document (Payment Possibly Required) 52 Filed: 10/19/2017, Entered: 10/19/2017
Consent MOTION for Extension of Time to File Answer re 13 Amended Complaint by Colony Specialty Insurance Company. Response to Motion due by 11/2/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order (Proposed Order))Proposed order is being emailed to chambers with copy to opposing counsel.(Harris, David)
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Legal Document (Payment Possibly Required) 51 Filed: 10/19/2017, Entered: 10/19/2017
NOTICE of Appearance by David Grant Harris, II on behalf of Penn National Security Insurance Company, Pennsylvania National Mutual Casualty Insurance Company (Harris, David)
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Legal Document (Payment Possibly Required) 50 Filed: 10/19/2017, Entered: 10/19/2017
NOTICE of Appearance by David Grant Harris, II on behalf of Colony Specialty Insurance Company (Harris, David)
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Legal Document (Payment Possibly Required) 49 Filed: 10/17/2017, Entered: 10/17/2017
Local Rule 26.01 Answers to Interrogatories by Scottsdale Insurance Company.(Kennedy, Robert)
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Legal Document (Payment Possibly Required) 48 Filed: 10/17/2017, Entered: 10/17/2017
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Scottsdale Insurance Company. Response to Motion due by 10/31/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support Memorandum of Law in Support of Motion to Dismiss, # 2 Exhibit A- Policy)No proposed order.(Kennedy, Robert)
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Legal Document (Payment Possibly Required) 47 Filed: 10/17/2017, Entered: 10/17/2017
WAIVER OF SERVICE by Novus Architects Inc. Novus Architects Inc waiver executed on 10/17/2017, answer due 12/18/2017. (McCall, Michael)
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Legal Document (Payment Possibly Required) 45 Filed: 10/16/2017, Entered: 10/17/2017
ANSWER to Counterclaim 26 by FCCI Insurance Company. (Clerk refiled to correct event/ECF/docket text- FCCI is not filing a counterclaim against Nationwide, only answering Nationwide's counterclaim against FCCI- incorrect choice at original screen prompt by filing user)(sshe, ) Modified document number on 10/17/2017 (sshe, ).
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Legal Document (Payment Possibly Required) 44 Filed: 10/16/2017, Entered: 10/16/2017
Local Rule 26.01 Answers to Interrogatories by Pennsylvania Lumbermens Mutual Insurance Company.(O'Neil, William)
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Legal Document (Payment Possibly Required) 43 Filed: 10/16/2017, Entered: 10/16/2017
MOTION to Dismiss all claims the Plaintiff FCCI Insurance Company asserts against by Pennsylvania Lumbermens Mutual Insurance Company. Response to Motion due by 10/30/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support)No proposed order.(O'Neil, William)
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Legal Document (Payment Possibly Required) 42 Filed: 10/16/2017, Entered: 10/16/2017
NOTICE of Voluntary Dismissal by FCCI Insurance Company (Flynn, William)
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Legal Document (Payment Possibly Required) 41 Filed: 10/16/2017, Entered: 10/16/2017
Local Rule 26.01 Answers to Interrogatories by Truteam Inc.(McCue, Joey)
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Legal Document (Payment Possibly Required) 40 Filed: 10/16/2017, Entered: 10/16/2017
TRUTEAM, INC. d/b/a BUILDER SERVICES GROUP, INC. D/B/A GALE CONTRACTOR SERVICES ANSWER to 13 Amended Complaint by Truteam Inc.(McCue, Joey)
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Legal Document (Payment Possibly Required) 39 Filed: 10/16/2017, Entered: 10/16/2017
Local Rule 26.01 Answers to Interrogatories by Liberty Mutual Fire Insurance Company.(Simons, Keating)
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Legal Document (Payment Possibly Required) 38 Filed: 10/16/2017, Entered: 10/16/2017
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Response to Motion due by 10/30/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Liberty Mutual Fire Insurance Company. No proposed order.(Simons, Keating) (Additional attachment(s) added on 10/16/2017: # 1 Memo in Support) (sshe, ). Modified on 10/16/2017 to add attachment as requested and provided by filing user(sshe, ).
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Legal Document (Payment Possibly Required) 36 Filed: 10/12/2017, Entered: 10/12/2017
REPLY to Response to Motion re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Tallent and Sons Inc. (Farr, Nicholas)
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Legal Document (Payment Possibly Required) 35 Filed: 10/11/2017, Entered: 10/11/2017
REPLY to Crossclaim 26 by Elizabeth A. Bushey, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc..(Lucey, Justin)
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Legal Document (Payment Possibly Required) 34 Filed: 10/10/2017, Entered: 10/10/2017 Court Filing
Rule 26(f) Report by FCCI Insurance Company. (Attachments: # 1 Supporting Documents Mediaton of Cases Pending Before Judge Gergel, # 2 LR 26.03 Answers 26.03 Disclosures, # 3 Supporting Documents Discovery Plan, # 4 Proposed Order Proposed Consent Order)(Flynn, William)
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Legal Document (Payment Possibly Required) 33 Filed: 10/10/2017, Entered: 10/10/2017
Local Rule 26.01 Answers to Interrogatories by Tri-County Roofing Inc.(Closser, Zachary)
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Legal Document (Payment Possibly Required) 32 Filed: 10/10/2017, Entered: 10/10/2017
ANSWER to 13 Amended Complaint by Tri-County Roofing Inc.(Closser, Zachary)
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Legal Document (Payment Possibly Required) 31 Filed: 10/5/2017, Entered: 10/5/2017
RESPONSE to Motion re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by FCCI Insurance Company.Reply to Response to Motion due by 10/12/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit Subcontract)(Flynn, William)
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Legal Document (Payment Possibly Required) 30 Filed: 10/3/2017, Entered: 10/3/2017
LETTER EXTENDING TIME TO ANSWER Pennsylvania Lumbermens Mutual Insurance Company answer due 10/16/2017. (O'Neil, William)
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Legal Document (Payment Possibly Required) 29 Filed: 10/2/2017, Entered: 10/2/2017
ORDER granting 25 Motion for Extension of Time to File Response re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FCCI's Response to Motion to Dismiss due by 10/5/2017. Signed by Honorable Richard M Gergel on 10/2/2017.(sshe, )
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Legal Document (Payment Possibly Required) 28 Filed: 10/2/2017, Entered: 10/2/2017
Summons Issued as to Hartford Casualty Insurance Company. (sshe, )
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Legal Document (Payment Possibly Required) 27 Filed: 10/2/2017, Entered: 10/2/2017
ANSWER to 13 Amended Complaint by Nationwide Mutual Fire Insurance Company. (Clerk refiled per refiled previous entry Dkt No 26 for correct filing succession)(sshe, )
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Legal Document (Payment Possibly Required) 26 Filed: 10/2/2017, Entered: 10/2/2017
ANSWER to 13 Amended Complaint, CROSSCLAIM against W C Services Inc, Complete Building Corporation, Island Pointe LLC, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc., Elizabeth A. Bushey, COUNTERCLAIM against FCCI Insurance Company by Nationwide Mutual Insurance Company. (Clerk refiled to correct party Nationwide Mutual Insurance Company incorrectly listed as counter defendant)(sshe, )
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Legal Document (Payment Possibly Required) 25 Filed: 9/28/2017, Entered: 9/29/2017
Consent MOTION for Extension of Time to File Response as to 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by FCCI Insurance Company. (Attachments: # 1 Exhibit email)No proposed order. (Filing corrected for event type)(sshe, )
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Legal Document (Payment Possibly Required) 24 Filed: 9/26/2017, Entered: 9/26/2017
LETTER EXTENDING TIME TO ANSWER Truteam Inc answer due 10/16/2017. (Attachments: # 1 Exhibit - Email granting EOT)(McCue, Joey)
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Legal Document (Payment Possibly Required) 23 Filed: 9/26/2017, Entered: 9/26/2017
Local Rule 26.01 Answers to Interrogatories by Elizabeth A. Bushey, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc..(Lucey, Justin)
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Legal Document (Payment Possibly Required) 22 Filed: 9/26/2017, Entered: 9/26/2017
ANSWER to 12 Answer to Complaint, Third Party Complaint, Crossclaim, Counterclaim,,,,,,,,,,,, by Elizabeth A. Bushey, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc..(Lucey, Justin)
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Legal Document (Payment Possibly Required) 20 Filed: 9/22/2017, Entered: 10/2/2017
ANSWER to Counterclaim 12 by FCCI Insurance Company. (Clerk refiled to correct event/ECF incorrect choice at original screen prompt by filing user) (sshe, ) Modified to correct document number on 10/2/2017 (sshe, ).
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Legal Document (Payment Possibly Required) 21 Filed: 9/22/2017, Entered: 9/22/2017
ANSWER to 13 Amended Complaint by Atlantic Building Construction Services Inc.(Wright, Michael)
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Legal Document (Payment Possibly Required) 19 Filed: 9/22/2017, Entered: 9/22/2017
NOTICE of Appearance by Joey McCue on behalf of Truteam Inc (McCue, Joey)
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Legal Document (Payment Possibly Required) 18 Filed: 9/21/2017, Entered: 9/21/2017
Summons Issued as to Catawba Insurance Company, Colony Specialty Insurance Company, Hartford Insurance Company, Interstate Fire and Casualty Company, Old Republic Insurance Company, Penn National Security Insurance Company, Pennsylvania National Mutual Casualty Insurance Company, Scottsdale Insurance Company, Selective Insurance Company, United Specialty Insurance Company, W C Services Inc. (sshe, )
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Legal Document (Payment Possibly Required) 17 Filed: 9/20/2017, Entered: 9/20/2017
Summons Issued as to Alderman Construction Inc, Floyd Stanley, Jr, Tri-County Roofing Inc. (sshe, )
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Legal Document (Payment Possibly Required) 16 Filed: 9/15/2017, Entered: 9/15/2017
ANSWER to 13 Amended Complaint by Fireman's Insurance Company of Washington DC.(Newton, Timothy)
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Legal Document (Payment Possibly Required) 15 Filed: 9/15/2017, Entered: 9/15/2017
LETTER EXTENDING TIME TO ANSWER Nationwide Insurance Company of America answer due 10/5/2017; Nationwide Mutual Fire Insurance Company answer due 10/5/2017; Fireman's Insurance Company of Washington DC answer due 10/5/2017. (Attachments: # 1 Supporting Documents Email)(Newton, Timothy)
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Legal Document (Payment Possibly Required) 14 Filed: 9/14/2017, Entered: 9/14/2017
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Tallent and Sons Inc. Response to Motion due by 9/28/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support)No proposed order.(Farr, Nicholas)
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Legal Document (Payment Possibly Required) 13 Filed: 9/5/2017, Entered: 9/5/2017
AMENDED COMPLAINT against All Defendants, filed by FCCI Insurance Company. Service due by 12/4/2017 (Flynn, William)
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Legal Document (Payment Possibly Required) 12 Filed: 9/1/2017, Entered: 9/1/2017
ANSWER to 1 Complaint,,,,, , THIRD PARTY COMPLAINT against Elizabeth A. Bushey, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc., CROSSCLAIM against Complete Building Corporation, W C Services Inc, Island Pointe LLC, Elizabeth A. Bushey, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc., COUNTERCLAIM against FCCI Insurance Company, Elizabeth A. Bushey, Palmetto Pointe at Peas Island Condominium Property Owenrs Association, Inc. by Nationwide Insurance Company of America, Nationwide Mutual Fire Insurance Company. (Attachments: # 1 Summons Summons, # 2 Exhibit A - policy, # 3 Exhibit B - policy, # 4 Exhibit C - policy, # 5 LR 26.01 Answers LR 26.01 Answers)(Newton, Timothy)
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Legal Document (Payment Possibly Required) 11 Filed: 8/31/2017, Entered: 8/31/2017
NOTICE of Appearance by Keating Lewis Simons, III on behalf of Liberty Mutual Fire Insurance Company, Ohio Casualty Insurance Company, The, West American Insurance Company (Simons, Keating)
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Legal Document (Payment Possibly Required) 10 Filed: 8/24/2017, Entered: 8/24/2017
NOTICE of Appearance by Morgan S Templeton on behalf of Owners Insurance Company (Templeton, Morgan)
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Legal Document (Payment Possibly Required) 9 Filed: 8/24/2017, Entered: 8/24/2017
WAIVER OF SERVICE by Owners Insurance Company. Owners Insurance Company waiver executed on 8/23/2017, answer due 10/23/2017. (Templeton, Morgan)
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Legal Document (Payment Possibly Required) 7 Filed: 8/15/2017, Entered: 8/15/2017
SCHEDULING ORDER Rule 26(f) Conference Deadline 9/5/2017, 26(a) Initial Disclosures due by 9/19/2017, Rule 26 Report due by 9/19/2017, Motions to Amend Pleadings due by 11/13/2017, Plaintiffs ID of Expert Witness due by 12/13/2017, Defendants ID of Expert Witnesses Due by 1/12/2018, Records Custodian Affidavit due by 1/19/2018, Discovery due by 2/12/2018, Motion in Limine due by 15 business days prior to jury selection, Motions due by 2/26/2018, Rule 26(a)(3) Disclosures due by 21 business days prior to jury selection, Pretrial Briefs due by 5 business days prior to jury selection, Case ready for Jury Selection and/or Trial Deadline on or after 6/4/2018 Signed by Honorable Richard M Gergel on 8/15/2017. (sshe, )
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Legal Document (Payment Possibly Required) 6 Filed: 8/14/2017, Entered: 8/14/2017
ANSWER to 1 Complaint,,,,, by Fireman's Insurance Company of Washington DC.(Newton, Timothy)
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Legal Document (Payment Possibly Required) 5 Filed: 8/14/2017, Entered: 8/14/2017
ANSWER to 1 Complaint,,,,, by Nationwide Insurance Company of America, Nationwide Mutual Fire Insurance Company.(Newton, Timothy)
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Legal Document (Payment Possibly Required) 3 Filed: 7/25/2017, Entered: 7/26/2017
Summons Issued as to All Defendants. (sshe, )
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Legal Document (Payment Possibly Required) 2 Filed: 7/25/2017, Entered: 7/26/2017
Local Rule 26.01 Answers to Interrogatories by FCCI Insurance Company.(sshe, )
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Legal Document (Payment Possibly Required) 1 Filed: 7/25/2017, Entered: 7/26/2017
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0420-7274340.), filed by FCCI Insurance Company. Service due by 10/23/2017(sshe, ) (Additional attachment(s) added on 7/26/2017: # 1 Exhibit Policy, # 2 Exhibit UMB Policy, # 3 Exhibit Gl Policy, # 4 Exhibit UMP Policy, # 5 Exhibit Suncontract wih ARS of SC, # 6 Exhibit Subcontract with Pile Driver, # 7 Exhibit Sucontract with Atlantic Bldg., # 8 Exhibit Subcontract with Creekside, # 9 Exhibit Subcontract with Bishop, # 10 Exhibit Subcontract with Tri County, # 11 Exhibit Subcontract Cohen's, # 12 Exhibit Subonctrct D&S Plumbing, # 13 Exhibit Subcontract with WC, # 14 Exhibit Subcontract with Lowcountry, # 15 Exhibit Subcontract with Tallent, # 16 Exhibit Subcontract with Corinthian, # 17 Exhibit Subcontract with ARS of SC, # 18 Exhibit Subcontract with Mosley, # 19 Exhibit Subcontract with Carpet Baggers, # 20 Exhibit Subcontract with Gale, # 21 Exhibit Subcontract with Alderman, # 22 Exhibit Subcontract with Stanley's Vinyl, # 23 Exhibit Subcontract with Cabinet Concepts, # 24 Exhibit Subcontract with Carolina Shelving, # 25 Exhibit Subcontract with Under Cons., # 26 Exhibit Subcontract with Mar, # 27 Exhibit Summons & Complaint, # 28 Exhibit Amended Summons & Complaint, # 29 Exhibit Def. Complete Bldg. Corp.'s Answer to Amended Complaint) (sshe, ).
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