| Court: | gand |
| Docket #: | 2:13-cv-00214 |
| Case Name: | Selective Insurance Company of America v. Russell et al |
| PACER case #: | 198266 |
| Date filed: | 2013-09-13 |
| Assigned to: | Judge Richard W. Story |
| Case Cause: | 28:1332 Diversity-Declaratory Judgement |
| Nature of Suit: | 110 Insurance |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Selective Insurance Company of America Plaintiff |
Steven J. Kyle David A. Harris Kathy C. So |
| Richard Russell Defendant as Administrator of the Estate of Leonard W. Craig, Deceased |
Jan Phillip Cohen Steven M. Fair |
| Dorothy Craig Defendant |
Jan Phillip Cohen Steven M. Fair |
| PrecisionTapping, Inc. Defendant |
Christopher T. Conway |
| Joyce Conner Defendant |
Christopher T. Conway |
| Allmerica Financial Alliance Insurance Company Defendant |
Michael C. Kendall |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2013-09-13 | 1 | 0 | COMPLAINT with Jury Demand filed (Filing fee $400, receipt number 113E-4785094), by Selective Insurance Company of America. (Attachments: # 1 Exhibit A-Part 1, # 2 Exhibit A-Part 2, # 3 Exhibit A-Part 3, # 4 Exhibit B, # 5 Civil Cover Sheet) (vld) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 09/13/2013) | |||
| 2013-09-13 | 2 | 0 | Certificate of Interested Persons and Corporate Disclosure Statement by Selective Insurance Company of America identifying Corporate Parent Selective Insurance Group, Inc., Other Affiliate Michael H. Lanza, Other Affiliate Dale A. Thatcher, Other Affiliate Gregory E. Murphy for Selective Insurance Company of America. (vld) (Entered: 09/13/2013) | |||
| 2013-09-17 | 3 | 0 | ORDER REASSIGNING CASE. Case reassigned to Judge Richard W. Story for all further proceedings. Judge William C. O'Kelley no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 2:13-cv-00214-RWS. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge William C. O'Kelley on 9/17/2013. (dcs) (Entered: 09/17/2013) | |||
| 2013-09-17 | 4 | 0 | Court Notice Of Filing: Standing Order by Judge Richard W. Story. (rag) (Entered: 09/17/2013) | |||
| 2013-09-27 | 5 | 0 | WAIVER OF SERVICE Returned Executed by Selective Insurance Company of America. Dorothy Craig waiver mailed on 9/20/2013, answer due 11/19/2013; Richard Russell waiver mailed on 9/20/2013, answer due 11/19/2013. (Kyle, Steven) (Entered: 09/27/2013) | |||
| 2013-10-29 | 6 | 0 | WAIVER OF SERVICE Returned Executed by Selective Insurance Company of America. Joyce Conner waiver mailed on 9/20/2013, answer due 11/19/2013. (Kyle, Steven) (Entered: 10/29/2013) | |||
| 2013-10-29 | 7 | 0 | WAIVER OF SERVICE Returned Executed by Selective Insurance Company of America. PrecisionTapping, Inc. waiver mailed on 9/20/2013, answer due 11/19/2013. (Kyle, Steven) (Entered: 10/29/2013) | |||
| 2013-11-06 | 8 | 0 | WAIVER OF SERVICE Returned Executed by Selective Insurance Company of America. Hanover Insurance Company waiver mailed on 11/1/2013, answer due 12/31/2013. (Kyle, Steven) (Entered: 11/06/2013) | |||
| 2013-11-14 | 9 | 0 | ANSWER to 1 COMPLAINT by Dorothy Craig, Richard Russell. Discovery ends on 4/14/2014. (Attachments: # 1 Answer of Richard Russell (2))(Cohen, Jan) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/14/2013) | |||
| 2013-11-19 | 10 | 0 | ANSWER to 1 COMPLAINT with Jury Demand by Joyce Conner, PrecisionTapping, Inc..(Conway, Christopher) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/19/2013) | |||
| 2013-11-19 | 11 | 0 | Corporate Disclosure Statement by Joyce Conner, PrecisionTapping, Inc. by Joyce Conner, PrecisionTapping, Inc..(Conway, Christopher) (Entered: 11/19/2013) | |||
| 2013-12-04 | 12 | 0 | ANSWER to 1 COMPLAINT by Hanover Insurance Company.(Kendall, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 12/04/2013) | |||
| 2013-12-04 | 13 | 0 | Certificate of Interested Persons by Hanover Insurance Company. (Kendall, Michael) (Entered: 12/04/2013) | |||
| 2013-12-12 | 14 | 0 | Certificate of Interested Persons by Dorothy Craig, Richard Russell. (Cohen, Jan) (Entered: 12/12/2013) | |||
| 2014-01-22 | 15 | 0 | Consent MOTION to Substitute Party Hanover Insurance Companyby Selective Insurance Company of America. (Attachments: # 1 Text of Proposed Order)(Singer, James) (Entered: 01/22/2014) | |||
| 2014-01-23 | 16 | 0 | ORDER granting 15 Consent Motion to Substitute Party. The improperly named Defendant Hanover Insurance Company is dismissed and Allmerica Financial Alliance Insurance Company is added as a Defendant in this action. It is further ORDERED that this action shall continue with repect to Plaintiff's claims against the remaining Defendants and that these claims shall not be impacted in any manner due to the dismissal of Hanover Insurance Company and the addition of Allmerica Financial Alliance Insurance Company. The answer of Hanover Insurance Company shall be considered the answer of Allmerica Financial Alliance Insurance Company. Signed by Judge Richard W. Story on 1/23/2014. (vld) (Entered: 01/23/2014) | |||
| 2014-02-03 | 17 | 0 | NOTICE of Appearance by Kathy C. So on behalf of Selective Insurance Company of America (So, Kathy) (Entered: 02/03/2014) | |||
| 2014-02-05 | 18 | 0 | NOTICE of Appearance by Steven M. Fair on behalf of Dorothy Craig, Richard Russell (Fair, Steven) (Entered: 02/05/2014) | |||
| 2014-02-07 | 19 | 0 | Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Selective Insurance Company of America. (So, Kathy) (Entered: 02/07/2014) | |||
| 2014-02-11 | 20 | 0 | First Initial Disclosures by Dorothy Craig, Richard Russell.(Cohen, Jan) (Entered: 02/11/2014) | |||
| 2014-02-11 | 21 | 0 | First Certificate of Interested Persons by Dorothy Craig, Richard Russell. (Cohen, Jan) (Entered: 02/11/2014) | |||
| 2014-02-14 | 22 | 0 | Initial Disclosures by Allmerica Financial Alliance Insurance Company.(Kendall, Michael) (Entered: 02/14/2014) | |||
| 2014-02-14 | 23 | 0 | Initial Disclosures by Selective Insurance Company of America.(So, Kathy) (Entered: 02/14/2014) | |||
| 2014-02-14 | 24 | 0 | Initial Disclosures by Joyce Conner, PrecisionTapping, Inc..(Conway, Christopher) (Entered: 02/14/2014) | |||
| 2014-02-14 | 25 | 0 | SCHEDULING ORDER approving 19 Joint Preliminary Report and Discovery Plan. The discovery period commences 2/3/2014. The discovery period ends 6/3/2014. Parties shall file their initial disclosures by Friday, 2/14/2014. Signed by Judge Richard W. Story on 2/14/2014. (vld) (Entered: 02/14/2014) | |||
| 2014-02-21 | 26 | 0 | CERTIFICATE OF SERVICE OF DISCOVERY by Selective Insurance Company of America.(So, Kathy) (Entered: 02/21/2014) | |||
| 2014-03-04 | 27 | 0 | Amended Initial Disclosures by Joyce Conner, PrecisionTapping, Inc..(Conway, Christopher) (Entered: 03/04/2014) | |||
| 2014-04-08 | 28 | 0 | Notice for Leave of Absence for the following date(s): May 30, 2014 through and including June 16, 2014, by Steven M. Fair. (Fair, Steven) (Entered: 04/08/2014) | |||
| 2014-05-23 | 29 | 0 | Joint MOTION for Extension of Time to Complete Discovery by Selective Insurance Company of America. (Attachments: # 1 Text of Proposed Order)(Kyle, Steven) (Entered: 05/23/2014) | |||
| 2014-05-27 | 30 | 0 | ORDER granting 29 Motion for Extension of Time to Complete Discovery Discovery ends on 8/4/2014. Signed by Judge Richard W. Story on 05/23/14. (sk) (Entered: 05/27/2014) | |||
| 2014-06-01 | 31 | 0 | Notice for Leave of Absence for the following date(s): July 7, 2014 through and including July 14, 2014; and, July 25, 2014 through and including July 29, 2014, by Christopher T. Conway. (Conway, Christopher) (Entered: 06/01/2014) | |||
| 2014-06-25 | 32 | 0 | NOTICE of Intent to Serve Subpoena by Selective Insurance Company of America (Attachments: # 1 Exhibit A)(Kyle, Steven) (Entered: 06/25/2014) | |||
| 2014-07-09 | 33 | 0 | CERTIFICATE OF SERVICE re 32 Notice (Other) filed by Selective Insurance Company of America of Subpoena to Testify at a Deposition (Kyle, Steven) (Entered: 07/09/2014) | |||
| 2014-07-18 | 34 | 0 | Notice for Leave of Absence for the following date(s): August 6, 2014 through and including August 13, 2014; August 29, 2014 through and including September 3, 2014; November 21, 2014 through and including December 1, 2014; December 22, 2014 through and including January 2, 2015., by Michael C. Kendall. (Kendall, Michael) (Entered: 07/18/2014) | |||
| 2014-08-08 | 35 | 0 | Certification of Consent to Substitution of Counsel. David A. Harris replacing attorney Kathy C. So. (Harris, David) (Entered: 08/08/2014) | |||
| 2014-08-08 | 36 | 0 | Joint MOTION for Extension of Time to Complete Discovery by Selective Insurance Company of America. (Attachments: # 1 Text of Proposed Order)(Harris, David) (Entered: 08/08/2014) | |||
| 2014-08-11 | 37 | 0 | ORDER granting 36 Motion for Extension of Time to Complete Discovery. Discovery ends on 9/4/2014. Signed by Judge Richard W. Story on 08/11/14. (sk) (Entered: 08/11/2014) | |||
| 2014-08-13 | 38 | 0 | Notice for Leave of Absence for the following date(s): October 20, 2014 through and including October 31, 2014, by Jan Phillip Cohen. (Cohen, Jan) (Entered: 08/13/2014) | |||
| 2014-08-18 | 39 | 0 | CERTIFICATE OF SERVICE for Notice of Deposition of Tim Ford by PrecisionTapping, Inc..(Conway, Christopher) (Entered: 08/18/2014) | |||
| 2014-10-06 | 40 | 0 | MOTION for Summary Judgment with Brief In Support by Allmerica Financial Alliance Insurance Company. (Attachments: # 1 Brief, # 2 Statement of Material Facts)(Kendall, Michael) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 10/06/2014) | |||
| 2014-10-06 | 41 | 0 | Request to File Original Discovery by Allmerica Financial Alliance Insurance Company.(Kendall, Michael) (Entered: 10/06/2014) | |||
| 2014-10-10 | 42 | 0 | NOTICE Of Filing Deposition Transcript of Joyce Renee Conner by Selective Insurance Company of America re 41 Request to File Original Discovery (Kyle, Steven) (Entered: 10/10/2014) | |||
| 2014-10-10 | 43 | 0 | DEPOSITION of Joyce Renee Conner taken on March 5, 2014 by Selective Insurance Company of America. (Attachments: # 1 Defendant Exhibit 1, # 2Defendant Exhibit 2, # 3 Defendant Exhibit 3, # 4 Defendant Exhibit 4, # 5 Plaintiff Exhibit 1, # 6 Plaintiff Exhibit 2, # 7 Plaintiff Exhibit 3, # 8 Plaintiff Exhibit 4, # 9 Plaintiff Exhibit 5, # 10 Plaintiff Exhibit 6, # 11 Plaintiff Exhibit 7, # 12 Plaintiff Exhibit 8, # 13 Plaintiff Exhibit 9, # 14 Plaintiff Exhibit 10, # 15 Plaintiff Exhibit 11, # 16 Plaintiff Exhibit 12)(Kyle, Steven) Modified on 10/14/2014 to remove duplicative wording(sk). (Entered: 10/10/2014) | |||
| 2014-10-24 | 44 | 0 | RESPONSE re 40 MOTION for Summary Judgment filed by Dorothy Craig, Richard Russell. (Attachments: # 1 Brief Co-Defendants Richard Russell, As Administrator of the Estate of Leonard W. Craig, and Dorothy Craig's Response Brief To Defendant Allmerica Financial Alliance Insurance Company's Motion for Summary Judgment)(Cohen, Jan) (Entered: 10/24/2014) | |||
| 2014-10-27 | 45 | 0 | RESPONSE in Opposition re 40 MOTION for Summary Judgment filed by Selective Insurance Company of America. (Attachments: # 1 Statement of Additional Material Facts, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Harris, David) (Entered: 10/27/2014) | |||
| 2014-10-27 | 46 | 0 | Response to Statement of Material Facts re 40 MOTION for Summary Judgment filed by Selective Insurance Company of America. (Harris, David) (Entered: 10/27/2014) | |||
| 2014-10-27 | 47 | 0 | DEPOSITION of James Brian Stapp taken on August 4, 2014 by Selective Insurance Company of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Harris, David) (Entered: 10/27/2014) | |||
| 2014-10-27 | 48 | 0 | NOTICE Of Filing by Selective Insurance Company of America re 47 Deposition of James Brian Stapp (Harris, David) (Entered: 10/27/2014) | |||
| 2014-11-10 | 49 | 0 | REPLY BRIEF re 40 MOTION for Summary Judgment filed by Allmerica Financial Alliance Insurance Company. (Kendall, Michael) (Entered: 11/10/2014) | |||
| 2014-11-10 | 50 | 0 | RESPONSE re 45 Response in Opposition to Motion, filed by Allmerica Financial Alliance Insurance Company. (Kendall, Michael) (Entered: 11/10/2014) | |||
| 2014-11-10 | 51 | 0 | NOTICE Of Filing by Allmerica Financial Alliance Insurance Company (Attachments: # 1 Supplement Deposition transcript of Tim Ford, # 2 Exhibit Exhibits to Tim Ford deposition transcript)(Kendall, Michael) (Entered: 11/10/2014) | |||
| 2014-11-25 | 52 | 0 | MOTION for Leave to File Sur-Reply Brief in Opposition to Defendant's Motion for Summary Judgment with Brief In Support by Selective Insurance Company of America. (Attachments: # 1 Brief Exhibit A to Motion, # 2 Affidavit Exhibit 1 to Brief, # 3 Text of Proposed Order Exhibit B to Motion)(Kyle, Steven) (Entered: 11/25/2014) | |||
| 2015-04-23 | 53 | 0 | Notice for Leave of Absence for the following date(s): May 22, 2015 through and including June 1, 2015; July 24, 2015 through and including August 3, 2015; November 20, 2015 through and including November 30, 2015; December 18, 2015 through and including December 28, 2015, by Michael C. Kendall. (Kendall, Michael) (Entered: 04/23/2015) | |||
| 2015-07-06 | 54 | 0 | ORDER granting in part and denying in part 40 Motion for Summary Judgment and the Court DECLARES that Selective has a duty to defend in the underlying action. The Court STAYS this action pending resolution of the underlying action in Barrow County Superior Court. Signed by Judge Richard W. Story on 7/6/15. (rsg) (Entered: 07/06/2015) | |||
| 2015-08-03 | 55 | 0 | MOTION for Reconsideration re 54 Order on Motion for Summary Judgment, with Brief In Support by Selective Insurance Company of America. (Attachments: # 1 Brief in Support)(Kyle, Steven) Modified on 8/4/2015 to remove duplicative wording (sk). (Entered: 08/03/2015) | |||
| 2015-08-19 | 56 | 0 | RESPONSE in Opposition re 55 MOTION for Reconsideration re 54 Order on Motion for Summary Judgment, filed by Allmerica Financial Alliance Insurance Company. (Kendall, Michael) Modified on 8/20/2015 to remove duplicative wording (sk). (Entered: 08/19/2015) | |||
| 2015-08-31 | 57 | 0 | REPLY to RESPONSE re 55 MOTION for Reconsideration re 54 Order on Motion for Summary Judgment, filed by Selective Insurance Company of America. (Kyle, Steven) Modified on 8/31/2015 to remove duplicative wording and to correct docket event. (sk). (Entered: 08/31/2015) | |||
| 2016-03-16 | 58 | 0 | Minute Entry for proceedings held before Judge Richard W. Story: Telephone Conference held on 3/16/2016 regarding Motion for Reconsideration 55 . Parties to schedule another telephone conference. (Court Reporter Amanda Lohnaas)(rsg) (Entered: 03/17/2016) | |||
| 2016-03-23 | 59 | 0 | Notice for Leave of Absence for the following date(s): May 27, 2016 through and including June 6, 2016; July 22, 2016 through and including August 1, 2016; November 18, 2016 through and including November 28, 2016; December 19, 2016 through and including January 2, 2017, by Michael C. Kendall. (Kendall, Michael) (Entered: 03/23/2016) | |||
| 2016-03-29 | 60 | 0 | ORDER granting in part and denying in part 55 Motion for Reconsideration re: 54 Order on Motion for Summary Judgment. Because the Court finds there is no clear error of fact in this case, Plaintiffs Motion for Reconsideration is DENIED as to the revision of policy language. Plaintiffs Motion forReconsideration is GRANTED as to its request that the Court rescind the stayof the Declaratory Action as to the issue of ownership of the Xterra at the time of the accident, but DENIED as to its request that the Court rescind the stay of the Declaratory Action as to the issue of whether Ms. Conner was acting as an employee of Precision Tapping at the time of the accident.Plaintiff shall submit its brief in support of its contention that Ms.Conner owned the Xterra at the time of the accident within 21 days of the entryof this Order. Defendants shall file a response within 21 days of service ofPlaintiffs brief on them, and Plaintiff may file a reply within 14 days of service of the response on it. Signed by Judge Richard W. Story on 03/29/2016. (sk) (Entered: 03/29/2016) |