| Court: | utd |
| Docket #: | 2:13-cv-01064 |
| Case Name: | Western Insurance Company v. A and H Insurance et al |
| PACER case #: | 91350 |
| Date filed: | 2013-11-27 |
| Date terminated: | 2014-06-09 |
| Assigned to: | Judge Robert J. Shelby |
| Case Cause: | 28:1441 Notice of Removal |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | None |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Western Insurance Company Plaintiff |
Gerald H. Suniville Mary Jane E. Galvin-Wagg Scott M. Lilja |
| A and H Insurance Defendant a Nevada corporation |
Michael R. Johnson Brent D. Wride Matthew N. Evans |
| A and H Management Defendant a Nevada corporation |
Michael R. Johnson Brent D. Wride Matthew N. Evans |
| Western Thrift & Loan Defendant a Nevada corporation |
Michael R. Johnson Brent D. Wride Matthew N. Evans |
| Dick Lavelle Rottman Defendant |
Michael R. Johnson Brent D. Wride Matthew N. Evans |
| Jean Marie Rottman Defendant |
Michael R. Johnson Brent D. Wride Matthew N. Evans |
| Janice Lynn Bowman Defendant |
Michael R. Johnson Brent D. Wride Matthew N. Evans |
| Richard Scott Rottman Defendant |
Michael R. Johnson Brent D. Wride Matthew N. Evans |
| Bradley Alan Pearce Defendant |
Michael R. Johnson Brent D. Wride Matthew N. Evans |
| Carol Beth Ingalls Defendant |
Michael R. Johnson Brent D. Wride Matthew N. Evans |
| Donald Warren Winne Defendant |
Michael R. Johnson Brent D. Wride Matthew N. Evans |
| Linn J. Baker Defendant TERMINATED: 01/08/2014 |
Michael R. Johnson Brent D. Wride Matthew N. Evans |
| Clark T. Parkinson Defendant TERMINATED: 01/08/2014 |
Michael R. Johnson Brent D. Wride Matthew N. Evans |
| Thomas Edward Geissler Defendant |
Michael R. Johnson Brent D. Wride Matthew N. Evans |
| Douglas Wayne Carsburg Defendant |
Michael R. Johnson Brent D. Wride Matthew N. Evans |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2013-11-27 | 1 | 0 | NOTICE OF REMOVAL from 3rd District Court, Salt Lake County, case number 110917050. (Filing fee $ 400 receipt number 4681059704) (Electronic document provided on disc), filed by Linn J. Baker, Donald Warren Winne, Western Thrift & Loan, Bradley Alan Pearce, Jean Marie Rottman, Thomas Edward Geissler, Dick Lavelle Rottman, Janice Lynn Bowman, A and H Management, Clark T. Parkinson, Richard Scott Rottman, Douglas Wayne Carsburg, Carol Beth Ingalls, A and H Insurance. (Attachments: # 1 Exhibit A: Amended Complaint, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet 1) Assigned to Judge Robert J. Shelby (blh) (Entered: 12/02/2013) | |||
| 2013-12-02 | 2 | 0 | NOTICE OF ADR, e-mailed or mailed to Defendants A and H Insurance, A and H Management, Linn J. Baker, Janice Lynn Bowman, Douglas Wayne Carsburg, Thomas Edward Geissler, Carol Beth Ingalls, Clark T. Parkinson, Bradley Alan Pearce, Dick Lavelle Rottman, Jean Marie Rottman, Richard Scott Rottman, Western Thrift & Loan, Donald Warren Winne, Plaintiff Western Insurance Company. (blh) (Entered: 12/02/2013) | |||
| 2013-12-09 | 3 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants A and H Insurance, A and H Management, Linn J. Baker, Janice Lynn Bowman, Douglas Wayne Carsburg, Thomas Edward Geissler, Carol Beth Ingalls, Clark T. Parkinson, Bradley Alan Pearce, Dick Lavelle Rottman, Jean Marie Rottman, Richard Scott Rottman, Western Thrift & Loan, Donald Warren Winne. (Johnson, Michael) (Entered: 12/09/2013) | |||
| 2013-12-18 | 4 | 0 | MOTION to Remand to State Court Third District Court, County of Salt Lake, State of Utah and Memorandum in Support filed by Plaintiff Western Insurance Company. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B.1, # 3 Exhibit Exhibit B.2, # 4 Exhibit Exhibit C, # 5 Text of Proposed Order Proposed Order)(Galvin-Wagg, Mary Jane) (Entered: 12/18/2013) | |||
| 2013-12-19 | 5 | 0 | MOTION to Stay re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support and Memorandum in Support filed by Plaintiff Western Insurance Company. (Attachments: # 1 Text of Proposed Order)(Galvin-Wagg, Mary Jane) (Entered: 12/19/2013) | |||
| 2013-12-26 | 6 | 0 | ORDER denying 5 Motion to Stay. Signed by Judge Robert J. Shelby on 12/26/2013. (tls) (Entered: 12/26/2013) | |||
| 2014-01-08 | 7 | 0 | MEMORANDUM in Opposition re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff Western Insurance Company. (Attachments: # 1 Exhibit Exhibit A, correspondence, # 2 Exhibit Exhibit B, NAIC model rule text, # 3 Exhibit Exhibit C, Declaration of Lennard W. Stillman, # 4 Exhibit Exhibit D, Liquidator's Quarterly Report)(Galvin-Wagg, Mary Jane) (Entered: 01/08/2014) | |||
| 2014-01-08 | 8 | 0 | MOTION to Amend/Correct 1 Notice of Removal and Memorandum in Support filed by Plaintiff Western Insurance Company. (Galvin-Wagg, Mary Jane) Modified on 1/8/2014 by creating docket entry relationship (tls). (Entered: 01/08/2014) | |||
| 2014-01-08 | 9 | 0 | NOTICE of Voluntary Dismissal of Clark T. Parkinson and Linn J. Baker filed by Plaintiff Western Insurance Company (Galvin-Wagg, Mary Jane) (Entered: 01/08/2014) | |||
| 2014-01-09 | 10 | 0 | MEMORANDUM in Opposition re 4 MOTION to Remand to State Court Third District Court, County of Salt Lake, State of Utah and Memorandum in Support filed by Defendants A and H Insurance, A and H Management, Linn J. Baker, Janice Lynn Bowman, Douglas Wayne Carsburg, Thomas Edward Geissler, Carol Beth Ingalls, Clark T. Parkinson, Bradley Alan Pearce, Dick Lavelle Rottman, Jean Marie Rottman, Richard Scott Rottman, Western Thrift & Loan, Donald Warren Winne. (Johnson, Michael) (Entered: 01/09/2014) | |||
| 2014-01-17 | 11 | 0 | NOTICE OF HEARING ON MOTION re: 8 MOTION to Amend/Correct and Memorandum in Support , 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , 4 MOTION to Remand to State Court Third District Court, County of Salt Lake, State of Utah and Memorandum in Support : (Notice generated by Mary Jane McNamee) Motion Hearing set for 6/3/2014 at 2:30 PM in Room 220 before Judge Robert J. Shelby. (mjm) (Entered: 01/17/2014) | |||
| 2014-01-27 | 12 | 0 | Stipulated MOTION for Extension of Time to File Response/Reply as to 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , 8 MOTION to Amend/Correct and Memorandum in Support , 4 MOTION to Remand to State Court Third District Court, County of Salt Lake, State of Utah and Memorandum in Support and Memorandum in Support filed by Plaintiff Western Insurance Company. (Attachments: # 1 Text of Proposed Order Proposed Order)(Galvin-Wagg, Mary Jane) (Entered: 01/27/2014) | |||
| 2014-01-28 | 13 | 0 | ORDER granting 12 Motion for Extension of Time to File Response/Reply: Reply Memoranda due by 2/3/2014 re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, and 4 MOTION to Remand to State Court Third District Court, Salt Lake County, State of Utah; Response due by 2/3/2014 and Reply Memo due by 2/28/2014 re 8 MOTION to Amend/Correct 1 Notice of Removal. Signed by Judge Robert J. Shelby on 1/28/14 (alt) (Entered: 01/28/2014) | |||
| 2014-01-31 | 14 | 0 | ERROR MEMORANDUM in Opposition re 4 MOTION to Remand to State Court Third District Court, Salt Lake County, State of Utah filed by Defendants A and H Insurance, A and H Management, Janice Lynn Bowman, Douglas Wayne Carsburg, Thomas Edward Geissler, Carol Beth Ingalls, Bradley Alan Pearce, Dick Lavelle Rottman, Jean Marie Rottman, Richard Scott Rottman, Western Thrift & Loan, Donald Warren Winne. (Johnson, Michael) Modified on 1/31/2014-attorney's office called;document was filed in error. (jmr). (Entered: 01/31/2014) | |||
| 2014-01-31 | 15 | 0 | REPLY to Response to Motion re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants A and H Insurance, A and H Management, Janice Lynn Bowman, Douglas Wayne Carsburg, Thomas Edward Geissler, Carol Beth Ingalls, Bradley Alan Pearce, Dick Lavelle Rottman, Jean Marie Rottman, Richard Scott Rottman, Western Thrift & Loan, Donald Warren Winne. (Johnson, Michael) (Entered: 01/31/2014) | |||
| 2014-01-31 | 16 | 0 | MEMORANDUM in Opposition re 8 MOTION to Amend/Correct 1 Notice of Removal and Supporting Memorandum of Law filed by Defendants A and H Insurance, A and H Management, Janice Lynn Bowman, Douglas Wayne Carsburg, Thomas Edward Geissler, Carol Beth Ingalls, Bradley Alan Pearce, Dick Lavelle Rottman, Jean Marie Rottman, Richard Scott Rottman, Western Thrift & Loan, Donald Warren Winne. (Johnson, Michael) (Entered: 01/31/2014) | |||
| 2014-02-03 | 17 | 0 | REPLY to Response to Motion re 4 MOTION to Remand to State Court Third District Court, Salt Lake County, State of Utah filed by Plaintiff Western Insurance Company. (Lilja, Scott) (Entered: 02/03/2014) | |||
| 2014-02-18 | 18 | 0 | REPLY to Response to Motion re 8 MOTION to Amend/Correct 1 Notice of Removal filed by Plaintiff Western Insurance Company. (Galvin-Wagg, Mary Jane) (Entered: 02/18/2014) | |||
| 2014-03-12 | 19 | 0 | Defendant's MOTION re 17 Reply Memorandum/Reply to Response to Motion and Memorandum in Support Defendants' Joint Motion to Strike Portions of Plaintiff's Reply to Defendants' Memorandum in Opposition to Western Insurance Company's Motion for Abstention and to Remand to Third District Court of Salt Lake County or, in the Alternative, for Leave to File Sur-Reply, AND Memorandum in Support of Defendants' Joint Motion filed by Defendants A and H Insurance, A and H Management, Linn J. Baker, Janice Lynn Bowman, Douglas Wayne Carsburg, Thomas Edward Geissler, Carol Beth Ingalls, Clark T. Parkinson, Bradley Alan Pearce, Dick Lavelle Rottman, Jean Marie Rottman, Richard Scott Rottman, Western Thrift & Loan, Donald Warren Winne. (Johnson, Michael) (Entered: 03/12/2014) | |||
| 2014-03-31 | 20 | 0 | MEMORANDUM in Opposition re 19 Defendant's MOTION re 17 Reply Memorandum/Reply to Response to Motion and Memorandum in Support Defendants' Joint Motion to Strike Portions of Plaintiff's Reply to Defendants' Memorandum in Opposition to Western Insurance filed by Plaintiff Western Insurance Company. (Galvin-Wagg, Mary Jane) (Entered: 03/31/2014) | |||
| 2014-04-15 | 21 | 0 | REPLY to Response to Motion re 19 Defendant's MOTION re 17 Reply Memorandum/Reply to Response to Motion and Memorandum in Support Defendants' Joint Motion to Strike Portions of Plaintiff's Reply to Defendants' Memorandum in Opposition to Western Insurance REPLY MEMORANDUM IN FURTHER SUPPORT OF DEFENDANTS' JOINT MOTION TO STRIKE PORTIONS OF PLAINTIFF'S REPLY TO DEFENDANTS MEMORANDUM IN OPPOSITION TO WESTERN INSURANCE COMPANY'S MOTION FOR ABSTENTION AND TO REMAND TO THIRD DISTRICT COURT OF SALT LAKE COUNTY OR, IN THE ALTERNATIVE, FOR LEAVE TO FILE SUR-REPLY filed by Defendants A and H Insurance, A and H Management, Linn J. Baker, Janice Lynn Bowman, Douglas Wayne Carsburg, Thomas Edward Geissler, Carol Beth Ingalls, Clark T. Parkinson, Bradley Alan Pearce, Dick Lavelle Rottman, Jean Marie Rottman, Richard Scott Rottman, Western Thrift & Loan, Donald Warren Winne. (Johnson, Michael) (Entered: 04/15/2014) | |||
| 2014-05-01 | 22 | 0 | AMENDED NOTICE OF HEARING ON MOTION re: 19 Defendant's MOTION, re: 17 Reply Memorandum/Reply to Response to Motion and Memorandum in Support Defendants' Joint Motion to Strike Portions of Plaintiff's Reply to Defendants' Memorandum in Opposition to Western Insurance, 8 MOTION to Amend/Correct 1 Notice of Removal, 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 4 MOTION to Remand to State Court Third District Court, Salt Lake County, State of Utah : (Notice generated by Mary Jane McNamee) Motion Hearing RESET for 6/3/2014 AT 2:30 PM before Judge Robert J. Shelby. Please Note: Additional motion will be heard on 6/3/2014 at 2:30 p.m.Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (mjm) (Entered: 05/01/2014) | |||
| 2014-06-04 | 23 | 0 | REPLY to Response to Motion re 4 MOTION to Remand to State Court Third District Court, Salt Lake County, State of Utah -- Defendants' Sur-Reply to Plaintiff's Reply to Memorandum in Opposition to Plaintiff's Motion for Abstention and Remand -- filed by Defendants A and H Insurance, A and H Management, Linn J. Baker, Janice Lynn Bowman, Douglas Wayne Carsburg, Thomas Edward Geissler, Carol Beth Ingalls, Clark T. Parkinson, Bradley Alan Pearce, Dick Lavelle Rottman, Jean Marie Rottman, Richard Scott Rottman, Western Thrift & Loan, Donald Warren Winne. (Wride, Brent) (Entered: 06/04/2014) | |||
| 2014-06-03 | 24 | 0 | Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 6/3/2014 re: 4 MOTION to Remand to State Court Third District Court, Salt Lake County, State of Utah filed by Western Insurance Company AND 19 Defendant's MOTION re 17 Reply Memorandum/Reply to Response to Motion and Memorandum in Support Defendants' Joint Motion to Strike Portions of Plaintiff's Reply to Defendants' Memorandum in Opposition to Western Insurance Company's Motion for Abstention and to Remand to Third District Court of Salt Lake County or, in the Alternative, for Leave to File Sur-Reply. The court hears oral argument. For the reasons stated on the record, the court grants in part, 19 Dft's Joint Motion to Strike Portions of Pla's Reply to Dft's Memo in Opposition to Western Insurance Company's Motion for Abstention and to Remand to Third District Court of SL Cnty, or in the alternative, for Leave to File Sur-Reply. The court orders dfts to file Sur-Reply by 6/7/2014. The court grants the Plaintiff's Motion for Abstention and to Remand to the Third District Court of SL County, State of Utah, docket entry 4 . The court directs the Clerk of Court to close the case. Attorney for Plaintiff: Mary Jane Galvin-Wagg, Scott Lilja; Attorney for Defendant: Brent Wride. Court Reporter: Ray Fenlon.(mjm) (Entered: 06/05/2014) | |||
| 2014-06-09 | 25 | 0 | ORDER granting in part and denying in part 19 Motion for Abstention and to Remand to the Third District Court of Salt Lake County, or, in the Alternative, for Leave to File Sur-Reply; granting 4 Motion to Remand to State Court Case Closed. Signed by Judge Robert J. Shelby on 06/05/2014. (tls) (Entered: 06/09/2014) | |||
| 2014-06-09 | 26 | 0 | NOTICE OF TRANSMITTAL that case has been remanded to 3rd District Court - Salt Lake City via Mail. Order of Remand and Copy of Docket Sheet sent re: state case number 110917050. (tls) (Entered: 06/09/2014) | |||
| 2014-06-12 | 27 | 0 | NOTICE OF APPEAL as to 25 Order on Motion for Miscellaneous Relief, Order on Motion to Remand to State Court,, filed by A and H Insurance, A and H Management, Janice Lynn Bowman, Douglas Wayne Carsburg, Thomas Edward Geissler, Carol Beth Ingalls, Bradley Alan Pearce, Dick Lavelle Rottman, Jean Marie Rottman, Richard Scott Rottman, Western Thrift & Loan. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-2067043. (Wride, Brent) (Entered: 06/12/2014) | |||
| 2014-06-16 | 28 | 0 | Transmission of Preliminary Record to USCA re 27 Notice of Appeal. (Attachments: # 1 Appendix Docket Sheet, # 2 Appendix Order, # 3 Appendix Notice of Appeal) (tls) (Entered: 06/16/2014) | |||
| 2014-06-17 | 29 | 0 | USCA Case Number Case Appealed to Tenth Case Number 14-4065 for 27 Notice of Appeal, filed by Richard Scott Rottman, Janice Lynn Bowman, A and H Insurance, Dick Lavelle Rottman, Bradley Alan Pearce, Jean Marie Rottman, Western Thrift & Loan, Thomas Edward Geissler, A and H Management, Carol Beth Ingalls, Douglas Wayne Carsburg. (jmr) (Entered: 06/17/2014) | |||
| 2014-06-18 | 30 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on June 3, 2014 before Judge Robert J. Shelby, re 27 Notice of Appeal,. Court Reporter/Transcriber Raymond P. Fenlon, Telephone number (801)809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/9/2014. Redacted Transcript Deadline set for 7/21/2014. Release of Transcript Restriction set for 9/16/2014. (tls) Modified on 9/16/2014 by removing restricted text(las). (Entered: 06/24/2014) | |||
| 2014-07-01 | 32 | 0 | RECEIPT re: Order Remanding Case to State Court. (tls) (Entered: 07/01/2014) | |||
| 2014-07-08 | 33 | 0 | TRANSCRIPT REQUEST -- by A and H Insurance, A and H Management, Linn J. Baker, Janice Lynn Bowman, Douglas Wayne Carsburg, Thomas Edward Geissler, Carol Beth Ingalls, Clark T. Parkinson, Bradley Alan Pearce, Dick Lavelle Rottman, Jean Marie Rottman, Richard Scott Rottman, Western Thrift & Loan, Donald Warren Winne for proceedings held on June 3, 2014 at 2:30 p.m. before Judge Robert J. Shelby.. (Wride, Brent) (Entered: 07/08/2014) | |||
| 2014-08-27 | 34 | 0 | Please be advised the Record is complete for purposes of appeal for USCA case number 14-04065 re 27 Notice of Appeal. (las) (Entered: 08/27/2014) | |||
| 2015-05-12 | 35 | 0 | NOTICE OF WITHDRAWAL OF COUNSEL of Mary Jane E. Galvin Wagg filed by Mary Jane E. Galvin-Wagg on behalf of Western Insurance Company (Galvin-Wagg, Mary Jane) (Entered: 05/12/2015) | |||
| 2015-06-01 | 36 | 0 | ORDER of USCA Tenth Circuit as to 27 Notice of Appeal. Order filed by Judges Briscoe, Ebel and Tymkovich denying petition for rehearing filed by Appellants A and H Insurance, Inc., A and H Management, Inc., Western Thrift & Loan, Dick Lavelle Rottman, Jean Marie Rottman, Janice Lynn Bowman, Richard Scott Rottman, Bradley Alan Pearce, Carol Beth Ingalls, Thomas Edward Geissler and Douglas Wayne Carsburg. (las) (Entered: 06/01/2015) | |||
| 2015-06-03 | 37 | 0 | MANDATE of USCA as to 27 Notice of Appeal, filed by Richard Scott Rottman, Janice Lynn Bowman, A and H Insurance, Dick Lavelle Rottman, Bradley Alan Pearce, Jean Marie Rottman, Western Thrift & Loan, Thomas Edward Geissler, A and H Management, Carol Beth Ingalls, Douglas Wayne Carsburg. According to the USCA the Mandate of the USDC for the Dist of UT is Dismissed. (Attachments: # 1 Mandate Cover Letter)(las) (Entered: 06/03/2015) |