Rivercliff Properties, Inc. v. Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number AVAC084293 et al
| North Carolina Eastern District Court | |
| Judge: | Terrence W Boyle |
| Case #: | 5:16-cv-00215 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Insurance Contract |
| Case Filed: | Apr 29, 2016 |
| Last checked: Wednesday Oct 26, 2016 5:22 AM EDT |
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Defendant
Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number AVAC084293
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Represented By
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Defendant
Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number TMILVAC116757
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Represented By
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Defendant
Francis White, solely in her capacity as substitute trustee
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Defendant
Rick D. Lail, soley in his capacity as substitute trustee
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Defendant
Rivercliff Road NC Trust, a specialized Lending Trust by and through David J. Stromswold
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Defendant
Rick D. Lail
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Represented By
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Defendant
Francis White
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Represented By
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Plaintiff
Rivercliff Properties, Inc.
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Rivercliff Road NC Trust
Terminated: 10/11/2016
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Represented By
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| Docket last updated: 5 hours ago |
| Thursday, April 06, 2017 | ||
| 41 | 41
motion
Dismiss
Thu 04/06 5:02 PM
MOTION to Dismiss By Stipulation filed by Rivercliff Properties, Inc.. (Porter, Michael) |
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| Thursday, December 15, 2016 | ||
| 40 | 40
misc
Stipulation of Dismissal
Thu 12/15 3:57 PM
STIPULATION of Dismissal Without Prejudice by Rivercliff Properties, Inc. (Porter, Michael) |
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| Tuesday, December 06, 2016 | ||
| 39 | 39
discov
Rule 26(f) Report (individual)
Tue 12/06 12:47 PM
Rule 26(f) Report (individual) filed by Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number AVAC084293, Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number TMILVAC116757. (Huff, Nathan) |
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Att: 1
Exhibit A- Email to Michael Porter, Esq. dated December 2, 2016
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| Thursday, November 03, 2016 | ||
| 38 | 38
discov
Order for Discovery Plan
Thu 11/03 4:26 PM
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie Richards Johnston, Clerk of Court on 11/3/2016. (Stouch, L.) |
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| 37 | 37
answer
Answer to Amended Complaint
Thu 11/03 8:49 AM
Underwriters' Answer and Affirmative Defenses to Plaintiff's Amended Complaint ANSWER to 36 Amended Complaint by Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number AVAC084293, Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number TMILVAC116757. (O'Brien, Kevin) |
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Att: 1
Exhibit A- Policy- AVAC084293,
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Att: 2
Exhibit B- Policy- TMILVAC116757
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| Thursday, October 20, 2016 | ||
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utility
Case Selected for Mediation
Thu 10/20 1:52 PM
Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Horton, B.) |
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| Tuesday, October 18, 2016 | ||
| 36 | 36
cmp
Amended Complaint
Tue 10/18 12:55 PM
AMENDED COMPLAINT Removing Paragraph 22 of Original Complaint by Consent and as Ordered against All Defendants, filed by Rivercliff Properties, Inc.. (Porter, Michael) |
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| Tuesday, October 11, 2016 | ||
| 35 | 35
order
Order on Motion to Dismiss for Failure to State a Claim
Tue 10/11 10:43 AM
ORDER granting27 Motion to Dismiss for Failure to State a Claim; granting29 Motion to Dismiss for Failure to State a Claim. Remaining for adjudication is plaintiffs breach of contract claim against the Lloyd's London defendants. Plaintiff is DIRECTED to file not later than October 14, 2016, an amended complaint which removes paragraph twenty-two of the original complaint. Signed by District Judge Terrence W. Boyle on 10/7/2016. (Stouch, L.) |
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| Monday, July 18, 2016 | ||
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utility
Motion Submitted
Mon 07/18 4:38 PM
Motions Submitted to District Judge Terrence W. Boyle:27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Agreed Motion to Strike and29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Romine, L.) |
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| Tuesday, July 12, 2016 | ||
| 34 | 34
respm
Reply to Response to Motion
Tue 07/12 8:47 PM
REPLY to Response to Motion regarding29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rivercliff Road NC Trust. (Collins, Claire) |
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| 33 | 33
respm
Reply to Response to Motion
Tue 07/12 11:55 AM
REPLY to Response to Motion regarding27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Agreed Motion to Strike filed by Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number AVAC084293, Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number TMILVAC116757. (O'Brien, Kevin) |
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| Tuesday, June 28, 2016 | ||
| 32 | 32
respm
Response in Opposition to Motion
Tue 06/28 7:13 PM
RESPONSE in Opposition regarding29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rivercliff Properties, Inc.. (Porter, Michael) |
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| 31 | 31
respm
Response to Motion
Tue 06/28 7:03 PM
RESPONSE to Motion regarding27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Agreed Motion to Strike filed by Rivercliff Properties, Inc.. (Porter, Michael) |
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| Tuesday, June 07, 2016 | ||
| 30 | 30
18
pgs
respoth
Memorandum in Support
Tue 06/07 8:31 PM
Memorandum in Support regarding29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rivercliff Road NC Trust. (Collins, Claire) |
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Att: 1
Supplement Unpublished Opinion - Hardees Food v. Beardmore
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| 29 | 29
motion
Dismiss for Failure to State a Claim
Tue 06/07 8:28 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rivercliff Road NC Trust. (Collins, Claire) |
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| 28 | 28
22
pgs
respoth
Memorandum in Support
Tue 06/07 10:42 AM
Memorandum in Support regarding27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Agreed Motion to Strike filed by Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number AVAC084293, Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number TMILVAC116757. (Huff, Nathan) |
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| 27 | 27
motion
Dismiss for Failure to State a Claim
Tue 06/07 10:40 AM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Agreed Motion to Strike filed by Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number AVAC084293, Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number TMILVAC116757. (Huff, Nathan) |
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| Wednesday, May 18, 2016 | ||
| 26 | 26
order
Order on Motion for Extension of Time to Answer Order on Motion for TRO
Wed 05/18 11:08 AM
ORDER denying13 Motion for Temporary Restraining Order and granting16 and19 Motions for Extension of Time. The Lloyd's London and Rivercliff Trust defendants shall have through and including 6/7/2016 to answer or otherwise respond to plaintiff's complaint. Signed by District Judge Terrence W. Boyle on 5/17/2016. (Romine, L.) |
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| Monday, May 16, 2016 | ||
| 25 | 25
misc
Affidavit
Mon 05/16 5:29 PM
AFFIDAVIT Disclosure of Corporate Affilations by Francis White filed by Francis White. (Lail, Rick) |
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| 24 | 24
misc
Affidavit
Mon 05/16 5:26 PM
AFFIDAVIT Disclosure of Corporate Affilations by Rick D. Lail filed by Rick D. Lail. (Lail, Rick) |
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| 23 | 23
notice
Notice of Appearance
Mon 05/16 5:20 PM
Notice of Appearance filed by Rick D. Lail on behalf of Francis White. (Lail, Rick) |
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| 22 | 22
notice
Notice of Appearance
Mon 05/16 5:18 PM
Notice of Appearance filed by Rick D. Lail on behalf of Rick D. Lail. (Lail, Rick) |
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| Wednesday, May 11, 2016 | ||
| 21 | 21
minutes
Motion Hearing
Wed 05/11 1:33 PM
Minute Entry for proceedings held in Raleigh, NC before District Judge Terrence W. Boyle: Hearing held on 5/11/2016 - all parties present and ready to proceed - the Court will enter a written order. (Court Reporter Michelle Maar) (Downing, L.) |
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| Monday, May 09, 2016 | ||
| 20 | 20
misc
Affidavit
Mon 05/09 4:50 PM
AFFIDAVIT of Hilton T. Hutchens, Esq. by Rivercliff Road NC Trust (Hutchens, Hilton) |
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Att: 1
Index Index of Exhibits,
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Att: 2
Exhibit Exhibit A - Rivercliff Road Note,
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Att: 3
Exhibit Exhibit B - Rivercliff Road Deed of Trust,
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Att: 4
Exhibit Exhibit C - Rivercliff Road Guaranty,
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Att: 5
Exhibit Exhibit D - Non-Occupancy Declaration,
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Att: 6
Exhibit Exhibit E - Rivercliff Road Foreclosure Order,
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Att: 7
Exhibit Exhibit F - 2776 Note,
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Att: 8
Exhibit Exhibit G - 2776 Deed of Trust,
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Att: 9
Exhibit Exhibit H - 2776 Guaranty,
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Att: 10
Exhibit Exhibit I - Non-Occupancy Affidavit,
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Att: 11
Exhibit Exhibit J - 2776 Foreclosure Order,
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Att: 12
Exhibit Exhibit K - 2764 Policy,
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Att: 13
Exhibit Exhibit L - 2783 Policy
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| 19 | 19
motion
Extension of Time to File Answer
Mon 05/09 10:48 AM
MOTION for Extension of Time to File Answer filed by Rivercliff Road NC Trust. (Collins, Claire) |
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Att: 1
Text of Proposed Order Proposed Order
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utility
Motion Submitted
Mon 05/09 5:22 PM
Motion Submitted to US District Judge Terrence W. Boyle:19 MOTION for Extension of Time to File Answer. (Romine, L.) |
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| Friday, May 06, 2016 | ||
| 18 | 18
respm
Response in Opposition to Motion
Fri 05/06 5:49 PM
RESPONSE in Opposition regarding13 First MOTION for Temporary Restraining Order filed by Rivercliff Road NC Trust. (Collins, Claire) |
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Att: 1
Exhibit Rivercliff Foreclosure Order,
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Att: 2
Exhibit 2776 Foreclosure Order,
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Att: 3
Supplement Unpublished Case Law - Title Trading Services USA Inc v Kundu
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utility
Motion No Longer Submitted
Fri 05/06 8:42 AM
Motion No Longer Referred to Julie Richards Johnston, Clerk of Court: regarding16 Consent MOTION for Extension of Time to File Answer to Complaint . (Romine, L.) |
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utility
Motion Submitted
Fri 05/06 8:42 AM
Motion Submitted to US District Judge Terrence W. Boyle:16 Consent MOTION for Extension of Time to File Answer to Complaint . (Romine, L.) |
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| Thursday, May 05, 2016 | ||
| 17 | 17
service
Acknowledgment of Service
Thu 05/05 12:28 PM
ACKNOWLEDGEMENT OF SERVICE Executed Defendant RIVERCLIFF ROAD NC TRUST, A SPECIALIZED LENDING TRUST by and through DAVID J. STROMSWOLD, TRUSTEE Acknowledgement filed by Rivercliff Properties, Inc.. (Porter, Michael) |
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| Wednesday, May 04, 2016 | ||
| 16 | 16
motion
Extension of Time to File Answer
Wed 05/04 8:43 AM
Consent MOTION for Extension of Time to File Answer to Complaint filed by Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number AVAC084293, Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number TMILVAC116757. (O'Brien, Kevin) |
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Att: 1
Exhibit Exhibit A- Stipulation of Service,
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Att: 2
Text of Proposed Order Proposed Order
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utility
Motion Referred
Wed 05/04 5:07 PM
Motion Referred to Julie Richards Johnston, Clerk of Court:16 Consent MOTION for Extension of Time to File Answer to Complaint . (Romine, L.) |
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| Tuesday, May 03, 2016 | ||
| 15 | 15
notice
Notice of Hearing on Motion
Tue 05/03 4:29 PM
NOTICE of Hearing: Hearing set for 5/11/2016 at 11:00 AM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. (Romine, L.) |
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utility
Motion Submitted
Tue 05/03 12:58 PM
Motion Submitted to US District Judge Terrence W. Boyle:13 First MOTION for Temporary Restraining Order. (Romine, L.) |
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| Monday, May 02, 2016 | ||
| 14 | 14
9
pgs
respoth
Memorandum in Support
Mon 05/02 9:06 PM
Memorandum in Support of Motion for TRO filed by Rivercliff Properties, Inc.. (Porter, Michael) |
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| 13 | 13
motion
Temporary Restraining Order
Mon 05/02 9:04 PM
First MOTION for Temporary Restraining Order filed by Rivercliff Properties, Inc.. (Porter, Michael) |
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| 12 | 12
misc
Financial Disclosure Statement
Mon 05/02 7:43 PM
Financial Disclosure Statement by Rivercliff Properties, Inc. (Porter, Michael) |
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| 11 | 11
notice
Notice of Appearance
Mon 05/02 7:38 PM
Notice of Appearance filed by Michael Raymond Porter on behalf of All Plaintiffs. (Porter, Michael) |
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| 10 | 10
misc
Financial Disclosure Statement
Mon 05/02 3:48 PM
Financial Disclosure Statement by Rivercliff Road NC Trust (Collins, Claire) |
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| 9 | 9
notice
Notice of Appearance
Mon 05/02 3:46 PM
Notice of Appearance filed by Claire L. Collins on behalf of Rivercliff Road NC Trust. (Collins, Claire) |
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| 8 | 8
notice
Notice of Appearance
Mon 05/02 3:43 PM
Notice of Appearance filed by Hilton Terry Hutchens, Jr on behalf of Rivercliff Road NC Trust. (Hutchens, Hilton) |
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| 7 | 7
notice
Document
Mon 05/02 8:52 AM
NOTICE TO COUNSEL regarding removal of case and requirement to file Notice of Appearance. Served on all counsel via US Mail on May 2, 2016, except as otherwise noted. (Felder, J) |
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| 6 | 6
notice
Notice-other
Mon 05/02 8:49 AM
Notice filed by Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number AVAC084293, Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number TMILVAC116757 regarding1 Notice of Removal,, Exhibit A- State Pleadings in Text Searchable Format . (O'Brien, Kevin) |
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| Saturday, April 30, 2016 | ||
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notice
Notice of Deficiency
Sat 04/30 1:52 PM
NOTICE OF DEFICIENCY regarding:1 Notice of Removal (Exhibit A) . These documents are not text searchable. Pursuant to Local Civil Rule 5.1, all documents submitted for filing must be in a text searchable format. Counsel is directed to refile these documents as soon as possible using the event "Notice-(other)." (Felder, J) |
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| Friday, April 29, 2016 | ||
| 5 | 5
notice
Notice of Appearance
Fri 04/29 5:33 PM
Notice of Appearance filed by Nathan Andrew Huff on behalf of Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number AVAC084293, Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number TMILVAC116757. (Huff, Nathan) |
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| 4 | 4
notice
Notice of Appearance
Fri 04/29 5:30 PM
Notice of Appearance filed by Kevin Michael O'Brien on behalf of Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number AVAC084293, Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number TMILVAC116757. (O'Brien, Kevin) |
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| 3 | 3
misc
Financial Disclosure Statement
Fri 04/29 5:30 PM
Financial Disclosure Statement by Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number AVAC084293, Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number TMILVAC116757 (O'Brien, Kevin) |
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| 2 | 2
misc
Financial Disclosure Statement
Fri 04/29 5:29 PM
Financial Disclosure Statement by Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number AVAC084293, Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number TMILVAC116757 (O'Brien, Kevin) |
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| 1 | 1
notice
Notice of Removal
Fri 04/29 5:25 PM
NOTICE OF REMOVAL by Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number TMILVAC116757, Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number AVAC084293 from Cumberland County Clerk of Court, case number 16 CVS 2169. ( Filing fee $ 400 receipt number 0417-3666149), filed by Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number TMILVAC116757, Certain Interested Underwriters at Lloyd's London Subscribing to Certificate Number AVAC084293. (O'Brien, Kevin) |
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Att: 1
Exhibit Exhibit A- State Court Pleadings,
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Att: 2
Civil Cover Sheet Civil Cover Sheet
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