Case details

Court: mowd
Docket #: 6:13-cv-03271
Case Name: Stoddard Equipment Company, Inc. v. American Safety Indemnity Company
PACER case #: 110293
Date filed: 2013-07-12
Assigned to: District Judge J. Frederick Motz
Case Cause: 12:635 Breach of Insurance Contract
Nature of Suit: 110 Insurance
Jury Demand: None
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Stoddard Equipment Company, Inc.
Plaintiff
Jeffery Laney
Haden, Cowherd & Bullock, L.L.C. 2135 E. Sunshine Suite 203 Springfield, MO 65804 (417) 883-5535 Email: jlaney@hcblawfirm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

American Safety Indemnity Company
Defendant
TERMINATED: 12/04/2013
Stephen M. Murphy
Sandberg, Phoenix & von Gontard, PC-St. Louis 600 Washington Ave. 15th Floor St. Louis, MO 63101-1313 (314) 231-3332 Fax: (314) 241-7604 Email: smurphy@sandbergphoenix.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Todd C. Stanton
Sandberg, Phoenix & von Gontard, PC-St. Louis 600 Washington Ave. 15th Floor St. Louis, MO 63101-1313 (314) 231-3332 Fax: (314) 241-7604 Email: tstanton@sandbergphoenix.com
ATTORNEY TO BE NOTICED

Berkey Regional Specialty Insurance Company
Defendant
Gerald A. King
ArmstrongTeasdale LLP 2345 Grand Blvd. Suite 1500 Kansas City, MO 64108 (816)221-3420 Fax: (816)221-0786 Email: gking@armstrongteasdale.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lead Hill Recreational and Real Estate LLC
Defendant
H. David Blair
P.O. Box 2135 Batesville, AR 72503 (870) 793-8350 Fax: (870) 793-3989 Email: hdb@blastlaw.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Johnny Nichols
P.O. Box 298 Harrison, AR 72602 (870) 741-4777 Fax: (870) 741-5185 Email: johnnylaw@windstream.net
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kenneth A. Wagoner
Brill & Wagoner, PC 204 West Main Strett West Plains, MO 65775 (417) 256-6174 Fax: (417) 256-0928 Email: kwagoner@brillwagoner.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Berkey Regional Specialty Insurance Company
Counter Claimant
Gerald A. King
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stoddard Equipment Company, Inc.
Counter Defendant
Jeffery Laney
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lead Hill Recreational and Real Estate LLC
Counter Defendant
H. David Blair
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Johnny Nichols
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kenneth A. Wagoner
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-07-12 1 0 NOTICE OF REMOVAL from Christian County Circuit Court County, case number 13CT-CC00538, filed by Todd C. Stanton on behalf of American Safety Indemnity Company. Filing fee $ 400, receipt number 0866-3594473. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Stanton, Todd) (Entered: 07/12/2013)
1 1 Exhibit
1 2 Exhibit
1 3 Exhibit
1 4 Exhibit
1 5 Exhibit
2013-07-12 2 0 DISCLOSURE OF CORPORATE INTERESTS filed by Todd C. Stanton on behalf of Defendant American Safety Indemnity Company.(Stanton, Todd) (Entered: 07/12/2013)
2013-07-12 3 0 Notice of EAP assignment to an outside mediator. (Attachments: # 1 EAP General Order)(Burch, C. Steve) (Entered: 07/12/2013)
2013-07-15 4 0 Berkley Regional Specialty Insurance Company ANSWER to Complaint , COUNTERCLAIM against Stoddard Equipment Company, Inc. on behalf of Berkey Regional Specialty Insurance Company.(King, Gerald) (Entered: 07/15/2013)
2013-07-19 5 0 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Todd C. Stanton on behalf of American Safety Indemnity Company. Suggestions in opposition/response due by 8/5/2013 unless otherwise directed by the court. (Stanton, Todd) (Entered: 07/19/2013)
2013-07-19 6 0 SUGGESTIONS in support re 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Todd C. Stanton on behalf of Defendant American Safety Indemnity Company. (Related document(s) 5 ) (Stanton, Todd) (Entered: 07/19/2013)
2013-07-29 7 0 Plaintiff's ANSWER to Counterclaim of Berkley Regional Specialty Insurance Company on behalf of Stoddard Equipment Company, Inc..(Laney, Jeffery) (Entered: 07/29/2013)
2013-07-29 8 0 DISCLOSURE OF CORPORATE INTERESTS filed by Jeffery Laney on behalf of Plaintiff Stoddard Equipment Company, Inc..(Laney, Jeffery) (Entered: 07/29/2013)
2013-07-30 9 0 Motion to allow H. David Blair to appear pro hac vice (Pro Hac fee $100 receipt number 0866-3616776) filed by Kenneth A. Wagoner on behalf of Lead Hill Recreational and Real Estate LLC. (Wagoner, Kenneth) (Entered: 07/30/2013)
2013-07-31 10 0 ORDER granting 9 motion to appear pro hac vice approved by Clerk of Court. Attorney H. David Blair for Lead Hill Recreational and Real Estate LLC allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. This is a TEXT ONLY ENTRY. No document is attached.(Anderson, Christy) (Entered: 07/31/2013)
2013-07-31 11 0 AMENDED COMPLAINT Plaintiff against All Defendants filed by Jeffery Laney on behalf of Stoddard Equipment Company, Inc.. (Attachments: # 1 Exhibit Exhibit A)(Laney, Jeffery) (Entered: 07/31/2013)
2013-08-02 12 0 NOTICE OF REASSIGNMENT from Magistrate Judge John T. Maughmer to District Judge J. Frederick Motz. The correct case number is 6:13-cv-03271-S-JFM. Please change your records to reflect this assignment. (Martin, Jan) (Entered: 08/02/2013)
2013-08-02 13 0 SUGGESTIONS in opposition re 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kenneth A. Wagoner on behalf of Defendant Lead Hill Recreational and Real Estate LLC. Reply suggestions due by 8/19/2013 unless otherwise directed by the court (Related document(s) 5 ) (Wagoner, Kenneth) (Entered: 08/02/2013)
2013-08-05 14 0 ANSWER to Complaint Counterclaim of Berkley Regional Specialty Insurance Company on behalf of Lead Hill Recreational and Real Estate LLC.(Blair, H.) (Entered: 08/05/2013)
2013-08-19 15 0 Berkley Regional Specialty Insurance Company's ANSWER to 11 Amended Complaint (1st) for Declaratory Judgment, COUNTERCLAIM against Lead Hill Recreational and Real Estate LLC, Stoddard Equipment Company, Inc. on behalf of Berkey Regional Specialty Insurance Company.(King, Gerald) (Entered: 08/19/2013)
2013-08-19 16 0 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PLAINTIFF'S 1ST AMENDED COMPLAINT filed by Todd C. Stanton on behalf of American Safety Indemnity Company. Suggestions in opposition/response due by 9/6/2013 unless otherwise directed by the court. (Stanton, Todd) (Entered: 08/19/2013)
2013-08-19 17 0 SUGGESTIONS in support re 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PLAINTIFF'S 1ST AMENDED COMPLAINT filed by Todd C. Stanton on behalf of Defendant American Safety Indemnity Company. (Related document(s) 16 ) (Stanton, Todd) (Entered: 08/19/2013)
2013-08-26 18 0 [Plaintiff's Reply] ANSWER to Counterclaim of Defendant Berkley Regional Specialty Insurance Company's Counter-Claim for Declaratory Judgment filed on behalf of Stoddard Equipment Company, Inc..(Laney, Jeffery) (Entered: 08/26/2013)
2013-08-27 19 0 ANSWER to Counterclaim of Berkley Regional Specialty Insurance Company on behalf of Lead Hill Recreational and Real Estate LLC.(Blair, H.) (Entered: 08/27/2013)
2013-09-03 20 0 SUGGESTIONS in opposition re 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PLAINTIFF'S 1ST AMENDED COMPLAINT filed by Jeffery Laney on behalf of Plaintiff Stoddard Equipment Company, Inc.. Reply suggestions due by 9/20/2013 unless otherwise directed by the court (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Related document(s) 16 ) (Laney, Jeffery) (Entered: 09/03/2013)
2013-09-04 21 0 SUGGESTIONS in opposition re 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PLAINTIFF'S 1ST AMENDED COMPLAINT filed by H. David Blair on behalf of Defendant Lead Hill Recreational and Real Estate LLC. Reply suggestions due by 9/23/2013 unless otherwise directed by the court (Related document(s) 16 ) (Blair, H.) (Entered: 09/04/2013)
2013-09-17 22 0 NOTICE of appearance by Stephen M. Murphy on behalf of American Safety Indemnity Company (Murphy, Stephen) (Entered: 09/17/2013)
2013-09-18 23 0 MOTION for leave to file Second Amended Petition for Declaratory Judgment filed by Jeffery Laney on behalf of Stoddard Equipment Company, Inc.. Suggestions in opposition/response due by 10/7/2013 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Laney, Jeffery) (Entered: 09/18/2013)
2013-09-18 24 0 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Jeffery Laney on behalf of Plaintiff Stoddard Equipment Company, Inc..(Laney, Jeffery) (Entered: 09/18/2013)
2013-09-19 25 0 CERTIFICATE of counsel of Initial Disclosures by H. David Blair on behalf of Lead Hill Recreational and Real Estate LLC (Blair, H.) (Entered: 09/19/2013)
2013-09-19 26 0 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Stephen M. Murphy on behalf of Defendant American Safety Indemnity Company.(Murphy, Stephen) (Entered: 09/19/2013)
2013-09-20 27 0 REPORT of Rule 26(f) planning meeting. (Laney, Jeffery) (Entered: 09/20/2013)
2013-09-20 28 0 PROPOSED SCHEDULING ORDER by Stoddard Equipment Company, Inc.. (Laney, Jeffery) (Entered: 09/20/2013)
2013-09-20 29 0 STIPULATION For Protective Order by Stoddard Equipment Company, Inc.. (Laney, Jeffery) (Entered: 09/20/2013)
2013-09-20 30 0 REPLY SUGGESTIONS to motion re 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PLAINTIFF'S 1ST AMENDED COMPLAINT filed by Stephen M. Murphy on behalf of Defendant American Safety Indemnity Company. (Related document(s) 16 ) (Murphy, Stephen) (Entered: 09/20/2013)
2013-09-23 31 0 MOTION for protective order filed by Jeffery Laney on behalf of Stoddard Equipment Company, Inc.. Suggestions in opposition/response due by 10/10/2013 unless otherwise directed by the court. (Laney, Jeffery) (Entered: 09/23/2013)
2013-09-23 32 0 PROPOSED SCHEDULING ORDER by Stoddard Equipment Company, Inc.. (Laney, Jeffery) (Entered: 09/23/2013)
2013-09-26 33 0 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Gerald A. King on behalf of Counter Claimant Berkey Regional Specialty Insurance Company, Defendant Berkey Regional Specialty Insurance Company.(King, Gerald) (Entered: 09/26/2013)
2013-09-27 34 0 MOTION to strike 30 Reply Suggestions to Motion, to Dismiss filed by American Safety Indemnity Company filed by Jeffery Laney on behalf of Stoddard Equipment Company, Inc.. Suggestions in opposition/response due by 10/15/2013 unless otherwise directed by the court. (Related document(s) 30 ) (Laney, Jeffery) (Entered: 09/27/2013)
2013-10-02 35 0 ORDER granting 31 motion for protective order. Signed on 10/02/13 by District Judge J. Frederick Motz. This is a TEXT ONLY ENTRY. No document is attached.(Anderson, Christy) (Entered: 10/02/2013)
2013-10-04 36 0 NOTICE TO COUNSEL by District Judge J. Frederick Motz. (Anderson, Christy) (Entered: 10/04/2013)
2013-10-15 37 0 SUGGESTIONS in opposition re 34 MOTION to strike 30 Reply Suggestions to Motion, to Dismiss filed by American Safety Indemnity Company filed by Todd C. Stanton on behalf of Defendant American Safety Indemnity Company. Reply suggestions due by 11/1/2013 unless otherwise directed by the court (Related document(s) 34 ) (Stanton, Todd) (Entered: 10/15/2013)
2013-10-25 38 0 MOTION for extension of time to respond to Court's inquiry filed by Jeffery Laney on behalf of Stoddard Equipment Company, Inc.. Suggestions in opposition/response due by 11/12/2013 unless otherwise directed by the court. (Laney, Jeffery) (Entered: 10/25/2013)
2013-10-25 39 0 NOTICE of filing Plaintiff's Response to Court's Request for Additional Information by Stoddard Equipment Company, Inc. re 36 Notice of filing (Laney, Jeffery) (Entered: 10/25/2013)
2013-10-28 40 0 Paperless ORDER granting 38 motion for extension of time.Signed on 10/28/2013 by District Judge J. Frederick Motz. (Claypoole, Mary Ellen) (Entered: 10/28/2013)
2013-10-28 41 0 ORDER requesting that American Safety respond to Stoddard Equipment's submission (document 39) on or before November 8, 2013. Signed on 10/28/2013 by District Judge J. Frederick Motz. (Claypoole, Mary Ellen) (Entered: 10/28/2013)
2013-11-08 42 0 NOTICE of filing Defendant American Safety's Response to Plaintiff's Submission Addressing the Court's Memo to Counsel by American Safety Indemnity Company re 39 Notice of filing (Murphy, Stephen) (Entered: 11/08/2013)
2013-12-04 43 0 ORDER granting 16 Motion to Dismiss for Failure to State a Claim. This action is dismissed at to dft American Safety Indemnity Co. Signed on 12/4/13 by District Judge J. Frederick Motz. (Attachments: # 1 Opinion) (Anderson, Christy) (Entered: 12/04/2013)
2013-12-04 44 0 ORDER Telephone Conference set for 12/18/2013 at 03:45 PM (4:45 EST) before District Judge J. Frederick Motz. (Attachments: # 1 Tentative Scheduling Order, # 2 Letter to Counsel) (Anderson, Christy) (Entered: 12/04/2013)
2013-12-04 45 0 PAPERLESS ORDER denying 34 motion to strike ; granting 23 motion for leave to file. Signed on 12/4/13 by District Judge J. Frederick Motz. This is a TEXT ONLY ENTRY. No document is attached.(Anderson, Christy) (Entered: 12/04/2013)