Mississippi Southern District Court
Judge:Keith Starrett
Referred: Michael T Parker
Case #: 2:17-cv-00136
Nature of Suit110 Contract - Insurance
Cause28:1441 Notice of Removal-Insurance Contract
Case Filed:Aug 04, 2017
Terminated:Nov 17, 2017
Last checked: Wednesday Jan 31, 2018 3:01 AM CST
Defendant
Certain Underwriters at Lloyd's London
Represented By
Scott Timothy Ellzey
Phelps Dunbar, Llp - Gulfport
contact info
Defendant
General Security Indemnity Company of Arizona
Represented By
Scott Timothy Ellzey
Phelps Dunbar, Llp - Gulfport
contact info
Defendant
Indian Harbor Insurance Company
Represented By
Scott Timothy Ellzey
Phelps Dunbar, Llp - Gulfport
contact info
Defendant
International Insurance Company of Hannover SE
Represented By
Scott Timothy Ellzey
Phelps Dunbar, Llp - Gulfport
contact info
Defendant
Lexington Insurance Company
Represented By
Scott Timothy Ellzey
Phelps Dunbar, Llp - Gulfport
contact info
Defendant
Princeton Excess and Surplus Lines Insurance Company
Represented By
Scott Timothy Ellzey
Phelps Dunbar, Llp - Gulfport
contact info
Defendant
QBE Specialty Insurance Company
Represented By
Scott Timothy Ellzey
Phelps Dunbar, Llp - Gulfport
contact info
Defendant
Steadfast Insurance Company
Represented By
Scott Timothy Ellzey
Phelps Dunbar, Llp - Gulfport
contact info
Defendant
United Specialty Insurance Company
Represented By
Scott Timothy Ellzey
Phelps Dunbar, Llp - Gulfport
contact info
Plaintiff
The Merchants Company
Represented By
David M. Ott
Bryan Nelson, Pa - Hattiesburg
contact info
Kris A. Powell
Bryan Nelson, Pa - Hattiesburg
contact info


Docket last updated: 05/12/2024 11:59 PM CDT
Friday, November 17, 2017
29 29 order Judgment Fri 11/17 1:55 PM
AGREED JUDGMENT OF DISMISSAL, granting the parties' joint motion, ore tenus, to dismiss this lawsuit with prejudice. Signed by District Judge Keith Starrett on 11/17/17. (LDR)
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Tuesday, October 31, 2017
minutes Settlement Conference Tue 10/31 1:46 PM
Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephonic Settlement Conference held on 10/31/2017. The parties agreed to a settlement and were ordered and directed to submit an agreed order of dismissal with prejudice to the District Judge on or before 11/30/17. PARTICIPANTS: David Ott for plaintiff; Scott Ellzey for defendants. (KPM)
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Monday, October 23, 2017
minutes Settlement Conference Mon 10/23 3:39 PM
Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Settlement Conference held on 10/23/2017. The court continued separate conversations w/ each party about possible settlement terms. No settlement has been reached, but the attorneys for each party will confer with their clients about continued discussions. PARTICIPANTS: David Ott and Kris Powell for Plaintiff; Scott Ellzey for Defendants. (KPM)
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Thursday, October 19, 2017
misc Docket Annotation Thu 10/19 9:15 AM
DOCKET ANNOTATION as to Minute Entry of 10/18/17: the following addendum was made to this entry: "Should either party desire to make any further settlement proposal, they are authorized and encouraged to contact the Magistrate Judge." (KPM)
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Wednesday, October 18, 2017
minutes Settlement Conference Wed 10/18 5:29 PM
Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Settlement Conference held on 10/18/2017. The parties did not reach a settlement. Should either party desire to make any further settlement proposal, they are authorized and encouraged to contact the Magistrate Judge. APPEARANCES: David Ott and Kris Powell for plaintiff; Scott Ellzey for defendants. (KPM) Modified on 10/18/2017 (KPM)
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Friday, September 29, 2017
28 28 respm Reply to Response to Motion Fri 09/29 5:41 PM
REPLY to Response to Motion re20 MOTION to Remand filed by The Merchants Company (Powell, Kris)
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Monday, September 25, 2017
order Order on Motion for Extension of Time to File Response/Reply Mon 09/25 10:05 AM
TEXT ORDER granting27 Motion for Extension of Time to File Response/Reply re20 MOTION to Remand . Plaintiff's reply is due by September 29, 2017. No further written order shall issue. Signed by District Judge Keith Starrett on 9/25/17 (aa)
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Friday, September 22, 2017
27 27 motion Extension of Time to File Response/Reply Fri 09/22 4:40 PM
MOTION for Extension of Time to File Response/Reply as to20 MOTION to Remand by The Merchants Company (Powell, Kris)
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Friday, September 15, 2017
26 26 respoth Response in Opposition Fri 09/15 12:31 PM
Response in Opposition re20 MOTION to Remand by The Merchants Company (Ott, David) filed by Certain Underwriters at Lloyd's London, General Security Indemnity Company of Arizona, Indian Harbor Insurance Company, International Insurance Company of Hannover SE, Lexington Insurance Company, Princeton Excess and Surplus Lines Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, United Specialty Insurance Company(Ellzey, Scott)
Related: [-]
Att: 1 Exhibit 1 - 2015 Policy,
Att: 2 Exhibit 2 - 2016 Policy,
Att: 3 Exhibit 3 - Certified Copy of 2016-17 Policy,
Att: 4 Exhibit 4 - Certified dCopy of 2015-16 Policy
25 25 respm Reply to Response to Motion Fri 09/15 12:13 PM
REPLY to Response to Motion re2 MOTION to Dismiss filed by Certain Underwriters at Lloyd's London, General Security Indemnity Company of Arizona, Indian Harbor Insurance Company, International Insurance Company of Hannover SE, Lexington Insurance Company, Princeton Excess and Surplus Lines Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, United Specialty Insurance Company(Ellzey, Scott)
Related: [-]
Att: 1 Exhibit 1 - 2015 Policy,
Att: 2 Exhibit 2 - 2016 Policy,
Att: 3 Exhibit 3 - Certified Copy of 2016-17 Policy,
Att: 4 Exhibit 4 - Certified Copy of 2015-16 Policy
Monday, September 11, 2017
24 24 notice Notice (Other) - DO NOT USE FOR APPEALS OR DISCOVERY Mon 09/11 2:40 PM
NOTICE To the Court by The Merchants Company(Ott, David)
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Att: 1 Exhibit Proof of Service
Thursday, September 07, 2017
23 23 motion Extension of Time to File Response/Reply Thu 09/07 10:45 AM
MOTION for Extension of Time to File Response/Reply as to19 Response in Opposition to Motion by Certain Underwriters at Lloyd's London, General Security Indemnity Company of Arizona, Indian Harbor Insurance Company, International Insurance Company of Hannover SE, Lexington Insurance Company, Princeton Excess and Surplus Lines Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, United Specialty Insurance Company(Ellzey, Scott)
Related: [-]
Att: 1 Exhibit A - Email communication
order Order on Motion for Extension of Time to File Response/Reply Thu 09/07 2:23 PM
TEXT ORDER granting23 Motion for Extension of Time to File Response/Reply re2 MOTION to Dismiss Replies due by 9/15/2017. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge Keith Starrett on 9/7/17 (aa)
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Tuesday, September 05, 2017
22 22 1 pgs order Order Tue 09/05 11:07 AM
ORDER staying discovery and disclosure requirements pending a ruling on the motion to remand. Signed by Magistrate Judge Michael T. Parker on September 5, 2017 (KPM)
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21 21 1 pgs order Order Tue 09/05 10:04 AM
ORDER setting deadlines for20 Motion to Remand. Defendants have until on or before September 15, 2017, to file their Response. Plaintiff has until on or before September 22, 2017, to file its Reply. Signed by District Judge Keith Starrett on 9/5/2017 (srd)
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Friday, September 01, 2017
20 20 motion Remand Fri 09/01 8:50 PM
MOTION to Remand by The Merchants Company (Ott, David)
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19 19 respm Response in Opposition to Motion Fri 09/01 8:49 PM
RESPONSE in Opposition re2 MOTION to Dismiss filed by The Merchants Company(Ott, David)
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Att: 1 Exhibit Ex. 1: Affidavit of Andrew B. Mercier
Tuesday, August 22, 2017
18 18 order Order on Motion to Extend Deadline Tue 08/22 1:56 PM
ORDER granting in part 17 Motion to Extend Deadline. Plaintiff's response to Defendants' Motion to Dismiss is due on or before September 1, 2017. Defendants' reply is due on or before September 8, 2017. Signed by District Judge Keith Starrett on 8/22/2017 (dtj)
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Friday, August 18, 2017
17 17 motion Extend Deadline Fri 08/18 3:39 PM
First MOTION to Extend Briefing Deadlines Deadline by The Merchants Company (Ott, David)
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16 16 order Order Fri 08/18 2:52 PM
ORDER Regarding Settlement Conference. Signed by Magistrate Judge Michael T. Parker on August 18, 2017 (KPM)
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utility Set/Reset Hearings Fri 08/18 2:49 PM
Set Hearings: Settlement Conference set for 10/18/2017 1:30 PM in Courtroom 2, U.S. Courthouse, 701 N. Main Street, Hattiesburg, MS before Magistrate Judge Michael T. Parker. Counsel, the parties, and representatives with full settlement authority must be present. Confidential settlement memoranda are due on or before 10/13/17. (KPM)
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Thursday, August 10, 2017
15 15 misc Corporate Disclosure Statement Thu 08/10 4:47 PM
Corporate Disclosure Statement by International Insurance Company of Hannover SE (Ellzey, Scott)
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14 14 misc Corporate Disclosure Statement Thu 08/10 4:45 PM
Corporate Disclosure Statement by Certain Underwriters at Lloyd's London (Ellzey, Scott)
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Tuesday, August 08, 2017
13 13 misc Corporate Disclosure Statement Tue 08/08 4:31 PM
Corporate Disclosure Statement by Steadfast Insurance Company (Ellzey, Scott)
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12 12 misc Corporate Disclosure Statement Tue 08/08 4:30 PM
Corporate Disclosure Statement by United Specialty Insurance Company (Ellzey, Scott)
Related: [-]
11 11 misc Corporate Disclosure Statement Tue 08/08 4:29 PM
Corporate Disclosure Statement by QBE Specialty Insurance Company (Ellzey, Scott)
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Monday, August 07, 2017
10 10 order Order Mon 08/07 3:40 PM
ORDER Plaintiff shall respond on or before August 18, 2017, to Motion to Dismiss2 . If Defendants want to reply, they must do so on or before August 25, 2017. Signed by District Judge Keith Starrett on 8/7/2017 (dtj)
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Friday, August 04, 2017
9 9 misc Corporate Disclosure Statement Fri 08/04 3:16 PM
Corporate Disclosure Statement by Certain Underwriters at Lloyd's London (Ellzey, Scott)
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8 8 misc Corporate Disclosure Statement Fri 08/04 3:15 PM
Corporate Disclosure Statement by Certain Underwriters at Lloyd's London (Ellzey, Scott)
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7 7 misc Corporate Disclosure Statement Fri 08/04 2:09 PM
Corporate Disclosure Statement by General Security Indemnity Company of Arizona (Ellzey, Scott)
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6 6 misc Corporate Disclosure Statement Fri 08/04 2:08 PM
Corporate Disclosure Statement by Indian Harbor Insurance Company (Ellzey, Scott)
Related: [-]
5 5 misc Corporate Disclosure Statement Fri 08/04 2:07 PM
Corporate Disclosure Statement by Lexington Insurance Company (Ellzey, Scott)
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4 4 misc Corporate Disclosure Statement Fri 08/04 2:06 PM
Corporate Disclosure Statement by Princeton Excess and Surplus Lines Insurance Company (Ellzey, Scott)
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3 3 respm Memorandum in Support Fri 08/04 12:56 PM
MEMORANDUM IN SUPPORT re2 MOTION to Dismiss filed by Certain Underwriters at Lloyd's London, General Security Indemnity Company of Arizona, Indian Harbor Insurance Company, International Insurance Company of Hannover SE, Lexington Insurance Company, Princeton Excess and Surplus Lines Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, United Specialty Insurance Company (Ellzey, Scott)
Related: [-]
2 2 motion Dismiss Fri 08/04 12:54 PM
MOTION to Dismiss by Certain Underwriters at Lloyd's London, General Security Indemnity Company of Arizona, Indian Harbor Insurance Company, International Insurance Company of Hannover SE, Lexington Insurance Company, Princeton Excess and Surplus Lines Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, United Specialty Insurance Company(Ellzey, Scott)
Related: [-]
Att: 1 Exhibit A - Insurance Policy
1 1 notice Notice of Removal Fri 08/04 11:55 AM
NOTICE OF REMOVAL by Certain Underwriters at Lloyd's London, General Security Indemnity Company of Arizona, Indian Harbor Insurance Company, International Insurance Company of Hannover SE, Lexington Insurance Company, Princeton Excess and Surplus Lines Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, United Specialty Insurance Company from Circuit Court of Forrest County, MS, case number H17-0121. ( Filing fee $ 400 receipt number 24643005307) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (LDR)
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Att: 1 Civil Cover Sheet,
Att: 2 Exhibit A - State Court Documents