CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP v. KINZEL & CO. LLC et al
| New Jersey District Court | |
| Judge: | Claire C Cecchi |
| Referred: | Edward S Kiel |
| Case #: | 2:21-cv-10396 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Account Receivable |
| Case Filed: | Apr 28, 2021 |
| Terminated: | May 18, 2023 |
| Case in other court: | Morris County Superior Court, MRS-L-281-20 |
| Last checked: Monday Oct 25, 2021 5:19 AM EDT |
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Defendant
CPA PHILIP KINZEL
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Represented By
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Defendant
KINZEL & CO., LLC
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Represented By
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Intervenor Defendant
Carl L Austin, Jr.
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Represented By
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Intervenor Defendant
Carl L. Austin, Jr., Co-Trustee, The Carl L. Austin 2012 Irrevocable Trust, Dated January 28, 2012
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Represented By
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Intervenor Defendant
Carl L. Austin, Jr., Executror, Estate of Carl L. Austin, As Successor to Carl L. Austin
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Represented By
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Plaintiff
CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP
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Represented By
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| Docket last updated: 5 hours ago |
| Friday, June 23, 2023 | ||
| 35 | 35
7
pgs
order
Order 1 - Terminate Deadlines ~Util - Set/Clear Flags
Fri 06/23 9:47 AM
ORDER directing the Clerk's Office to CLOSE this case with PREJUDICE. Signed by Judge Claire C. Cecchi on 6/23/2023. (qa, ) |
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| Thursday, June 22, 2023 | ||
| 34 | 34
misc
Status Report
Thu 06/22 6:24 PM
STATUS REPORT by CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP. (DROUGHTON, AILEEN) |
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| Tuesday, June 20, 2023 | ||
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order
Order
Tue 06/20 2:01 PM
TEXT ORDER: Plaintiff's counsel is DIRECTED to file a letter by Thursday, June 22, 2023: (1) providing an update concerning the status of the related state court proceedings; and (2) advising whether this case can be dismissed, rather than administratively terminated. So Ordered by Magistrate Judge Edward S. Kiel on 6/20/2023. (bms) |
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| Thursday, May 18, 2023 | ||
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utility
Terminate Civil Case
Thu 05/18 3:36 PM
***Civil Case Terminated per Chambers' request (ECF32 ). (qa, ) |
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| Thursday, September 02, 2021 | ||
| 32 | 32
5
pgs
order
Order Staying Case ~Util - Terminate Motions
Thu 09/02 2:54 PM
LETTER ORDER: This matter is stayed pending further order of the Court. The Motion to Intervene22 . the Kinzel Parties' motion to dismiss20 , and the Proposed Intervenors' Motion to Dismiss23 are administratively terminated. etc. Signed by Magistrate Judge Edward S. Kiel on 9/2/2021. (qa, ) |
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| Thursday, August 26, 2021 | ||
| 31 | 31
misc
Transcript
Fri 08/27 9:44 AM
Transcript of Telephone Status Conference held on August 17, 2021, before Magistrate Judge Edward S. Kiel. Transcriber: King Transcription Services (973-237-6080). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Transcription Agency due, but not filed, by 9/16/2021. Redacted Transcript Deadline set for 9/27/2021. Release of Transcript Restriction set for 11/24/2021. (wh) |
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| Tuesday, August 17, 2021 | ||
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minutes
Status Conference
Tue 08/17 2:01 PM
Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 8/17/2021. (sms) |
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| Monday, August 09, 2021 | ||
| 30 | 30
notice
Notice of Appearance
Mon 08/09 9:16 PM
NOTICE of Appearance by ADAM K. GALLAGHER on behalf of Carl L Austin, Jr., Carl L. Austin, Jr., Co-Trustee, The Carl L. Austin 2012 Irrevocable Trust, Dated January 28, 2012, Carl L. Austin, Jr., Executror, Estate of Carl L. Austin, As Successor to Carl L. Austin (GALLAGHER, ADAM) |
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| 29 | 29
respm
Reply Brief to Opposition to Motion
Mon 08/09 9:12 PM
REPLY BRIEF to Opposition to Motion filed by Carl L Austin, Jr., Carl L. Austin, Jr., Co-Trustee, The Carl L. Austin 2012 Irrevocable Trust, Dated January 28, 2012, Carl L. Austin, Jr., Executror, Estate of Carl L. Austin, As Successor to Carl L. Austin re22 First MOTION to Intervene (GALLAGHER, ADAM) |
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Att: 1
Certification Reply Certification in Further Support of Motion to Intervene,
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Att: 2
Exhibit Exhibit C,
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Att: 3
Exhibit Exhibit D,
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Att: 4
Exhibit Exhibit E,
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Att: 5
Exhibit Exhibit F,
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Att: 6
Exhibit Exhibit G,
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Att: 7
Exhibit Exhibit H,
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Att: 8
Exhibit Exhibit I,
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Att: 9
Certificate of Service
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| 28 | 28
respm
Reply Brief to Opposition to Motion
Mon 08/09 9:08 PM
REPLY BRIEF to Opposition to Motion filed by Carl L Austin, Jr., Carl L. Austin, Jr., Co-Trustee, The Carl L. Austin 2012 Irrevocable Trust, Dated January 28, 2012, Carl L. Austin, Jr., Executror, Estate of Carl L. Austin, As Successor to Carl L. Austin re23 First MOTION to Dismiss (GALLAGHER, ADAM) |
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Att: 1
Certification Reply Certification in Further Support of Motion to Dismiss,
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Att: 2
Exhibit Exhibit S,
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Att: 3
Exhibit Exhibit T,
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Att: 4
Exhibit Exhibit U,
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Att: 5
Exhibit Exhibit V,
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Att: 6
Exhibit Exhibit W,
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Att: 7
Exhibit Exhibit X,
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Att: 8
Certificate of Service
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| 27 | 27
respm
Reply Brief to Opposition to Motion
Mon 08/09 2:34 PM
REPLY BRIEF to Opposition to Motion filed by All Defendants re20 MOTION to Dismiss (SALISBURY, CARL) |
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| Tuesday, August 03, 2021 | ||
| 26 | 26
misc
Certification
Tue 08/03 9:14 AM
Certification of Aileen F. Droughton, Cert of Service on behalf of CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP Re24 Brief in Opposition to Motion. (DROUGHTON, AILEEN) |
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| Monday, August 02, 2021 | ||
| 25 | 25
respm
Brief in Opposition to Motion
Mon 08/02 6:24 PM
BRIEF in Opposition filed by CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP re20 MOTION to Dismiss ,23 First MOTION to Dismiss Complaint(DROUGHTON, AILEEN) |
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Att: 1
Certification Aileen F. Droughton Certification in Support of Oppositions to Motions to Dismiss,
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Att: 2
Certificate of Service Certification of Service
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| 24 | 24
respm
Brief in Opposition to Motion
Mon 08/02 4:48 PM
BRIEF in Opposition filed by CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP re22 First MOTION to Intervene (DROUGHTON, AILEEN) |
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Att: 1
Certification Aileen F. Droughton, Esq.
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| Friday, July 23, 2021 | ||
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Fri 07/23 9:53 AM
Set Deadlines as to23 First MOTION to Dismiss ,22 First MOTION to Intervene . Motion set for 8/16/2021 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (qa, ) |
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| Thursday, July 22, 2021 | ||
| 23 | 23
motion
Dismiss
Thu 07/22 4:14 PM
First MOTION to Dismiss by Carl L Austin, Jr., Carl L. Austin, Jr., Co-Trustee, The Carl L. Austin 2012 Irrevocable Trust, Dated January 28, 2012, Carl L. Austin, Jr., Executror, Estate of Carl L. Austin, As Successor to Carl L. Austin. Responses due by 8/2/2021(FAUL, MICHAEL) |
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Att: 1
Brief Memorandum of Law in Support of Proposed Intervenors' Motion to Dismiss,
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Att: 2
Certification Certification of Michael J. Faul, Jr. in Support of Motion to Dismiss,
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Att: 3
Exhibit Exhibit A,
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Att: 4
Exhibit Exhibit B,
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Att: 5
Exhibit Exhibit C,
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Att: 6
Exhibit Exhibit D,
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Att: 7
Exhibit Exhibit E,
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Att: 8
Exhibit Exhibit F,
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Att: 9
Exhibit Exhibit G,
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Att: 10
Exhibit Exhibit H,
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Att: 11
Exhibit Exhibit I,
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Att: 12
Exhibit Exhibit J,
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Att: 13
Exhibit Exhibit K,
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Att: 14
Exhibit Exhibit L,
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Att: 15
Exhibit Exhibit M,
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Att: 16
Exhibit Exhibit N,
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Att: 17
Exhibit Exhibit O,
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Att: 18
Exhibit Exhibit P,
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Att: 19
Exhibit Exhibit Q,
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Att: 20
Exhibit Exhibit R,
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Att: 21
Text of Proposed Order,
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Att: 22
Certificate of Service,
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Att: 23
Supplement Correspondence to Hon. Claire C. Cecchi, U.S.D.J.
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| 22 | 22
motion
Intervene
Thu 07/22 3:52 PM
First MOTION to Intervene by Carl L Austin, Jr., Carl L. Austin, Jr., Co-Trustee, The Carl L. Austin 2012 Irrevocable Trust, Dated January 28, 2012, Carl L. Austin, Jr., Executror, Estate of Carl L. Austin, As Successor to Carl L. Austin.(FAUL, MICHAEL) |
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Att: 1
Brief Brief in Support of Motion to Intervene,
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Att: 2
Supplement Pleading in Intervention,
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Att: 3
Certification Certification in Support,
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Att: 4
Exhibit Exhibit A,
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Att: 5
Exhibit Exhibit B,
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Att: 6
Exhibit Exhibit C,
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Att: 7
Text of Proposed Order,
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Att: 8
Certificate of Service,
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Att: 9
Supplement Correspondence to Hon. Claire C. Cecchi, U.S.D.J.
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| Monday, July 19, 2021 | ||
| 21 | 21
2
pgs
order
Order
Mon 07/19 3:58 PM
ORDER re19 Letter. The request to sua sponte dismiss the action is denied. The request to restore the motion to dismiss or intervene is denied, and the proposed intervenors are to file two separate motions as directed by the Court's order entered on July 9, 2021 (ECF No. 18). The August 17, 2021 telephone status conference (ECF No. 17) will proceed as scheduled. Signed by Magistrate Judge Edward S. Kiel on 7/19/2021. (qa, ) |
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| Friday, July 16, 2021 | ||
| 20 | 20
motion
Dismiss
Fri 07/16 12:23 PM
MOTION to Dismiss by All Defendants. Responses due by 8/2/2021(SALISBURY, CARL) |
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Att: 1
Brief,
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Att: 2
Declaration of Carl A. Salisbury,
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Att: 3
Text of Proposed Order,
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Att: 4
Certificate of Service
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Fri 07/16 4:45 PM
Set Deadlines as to20 MOTION to Dismiss . Motion set for 8/16/2021 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (qa, ) |
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| Friday, July 09, 2021 | ||
| 19 | 19
misc
Letter
Fri 07/09 6:36 PM
Letter from Counsel to Proposed Intervenors. (GALLAGHER, ADAM) |
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| Thursday, July 08, 2021 | ||
| 18 | 18
order
Order
Fri 07/09 5:03 PM
TEXT ORDER: Upon review of the responses (ECF Nos.15 ,16 ) to the Court's jurisdictional inquiry (ECF No. 12 ), the parties have demonstrated that the Court has diversity jurisdiction over the case at this juncture. The proposed intervenors are granted leave to file two separate motions --- one seeking leave to intervene, and one seeking to dismiss --- by July 22, 2021. The deadline for the currently-appearing defendants to answer or otherwise respond to the complaint remains July 16, 2021 (ECF No.14 ). So Ordered by Magistrate Judge Edward S. Kiel on 7/8/2021. (sms) |
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| 17 | 17
order
Order
Fri 07/09 5:13 PM
TEXT ORDER: A telephone status conference is set for August 17, 2021 at 9:00 a.m. before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. Please mark your calendars accordingly. The parties need not file a joint status letter before the conference. Counsel for the parties and for the proposed intervenors shall participate in the conference. The Court's Case Management Order can be found[LINK:here] . So Ordered by Magistrate Judge Edward S. Kiel on 7/8/2021. (sms) |
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| Tuesday, July 06, 2021 | ||
| 16 | 16
misc
Certification
Tue 07/06 4:52 PM
Certification on behalf of CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP.(DROUGHTON, AILEEN) |
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Att: 1
Affidavit W Marston,
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Att: 2
Exhibit A
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| 15 | 15
misc
Certification
Tue 07/06 2:47 PM
Certification of Philip Kinzel on behalf of PHILIP KINZEL. (SALISBURY, CARL) |
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| Monday, June 28, 2021 | ||
| 14 | 14
2
pgs
order
Order
Mon 06/28 9:50 AM
ORDER granting13 Defendants' Letter Request. The deadline for Defendants to answer, move, or otherwise respond to the complaint is extended from June 25, 2021 to July 16, 2021. etc. Signed by Magistrate Judge Edward S. Kiel on 6/28/2021. (qa, ) |
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| Friday, June 25, 2021 | ||
| 13 | 13
misc
Letter
Fri 06/25 2:57 PM
Letter re 12 Order on Motion to Intervene,,,,, Order on Motion to Dismiss,,,,11 Stipulation and Order. (SALISBURY, CARL) |
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| Monday, June 21, 2021 | ||
| 12 | 12
order
Order on Motion to Intervene Order on Motion to Dismiss
Mon 06/21 4:47 PM
TEXT ORDER: The citizenship information provided in this case, which was initiated under diversity jurisdiction, is insufficient to determine if complete diversity exists. The Court orders the following by Tuesday, July 6, 2021: (1) plaintiff, which alleges it "is a risk retention group," is ordered to file a certification stating its organizational structure and its citizenship in accordance with either 28 U.S.C. Sec. 1332(c)(1) if it is a corporation, or the standing[LINK:order concerning unincorporated business organizations] (Standing Order) if it is unincorporated; and (2) defendant Kinzel & Co., LLC (KCLLC), which is a limited liability company, is ordered to file a certification completely analyzing its own citizenship in a manner that complies with the Standing Order. Until such time as subject-matter jurisdiction may be ascertained, the motion to intervene and dismiss (ECF No.6 ) is administratively terminated. So Ordered by Magistrate Judge Edward S. Kiel on 6/21/2021. (as, ) |
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| 11 | 11
order
Stipulation and Order
Mon 06/21 11:19 AM
STIPULATION AND ORDER that the time within which to Answer the Complaint is extended to 6/25/2021. Signed by Magistrate Judge Edward S. Kiel on 6/21/2021. (ams, ) |
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| Thursday, June 17, 2021 | ||
| 10 | 10
misc
Letter
Thu 06/17 12:09 PM
Letter from Aileen F. Droughton, Esq. re6 First MOTION to Intervene First MOTION to Dismiss due to parallel pending state court litigation . (DROUGHTON, AILEEN) |
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| 9 | 9
misc
Stipulation
Thu 06/17 11:32 AM
STIPULATION re1 Complaint, Extending Time to Answer by All Defendants. (SALISBURY, CARL) |
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| 8 | 8
notice
Notice of Appearance
Thu 06/17 10:59 AM
NOTICE of Appearance by CARL A. SALISBURY on behalf of All Defendants (SALISBURY, CARL) |
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| Tuesday, June 08, 2021 | ||
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Tue 06/08 12:51 PM
Set Deadlines as to6 First MOTION to Intervene First MOTION to Dismiss due to parallel pending state court litigation . Motion set for 7/6/2021 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (qa, ) |
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| Monday, June 07, 2021 | ||
| 7 | 7
misc
Letter
Mon 06/07 9:09 PM
Letter from Proposed Intervenors re6 First MOTION to Intervene First MOTION to Dismiss due to parallel pending state court litigation . (FAUL, MICHAEL) |
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| 6 | 6
motion
Intervene Dismiss
Mon 06/07 8:56 PM
First MOTION to Intervene , First MOTION to Dismiss due to parallel pending state court litigation ( Responses due by 6/22/2021) by Carl L. Austin, Jr., Executror, Estate of Carl L. Austin, As Successor to Carl L. Austin, Carl L. Austin, Jr., Co-Trustee, The Carl L. Austin 2012 Irrevocable Trust, Dated January 28, 2012, Carl L Austin, Jr..(FAUL, MICHAEL) |
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Att: 1
Declaration Certification in Support,
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Att: 2
Brief Brief in Support of Motion to Dismiss or Intervene,
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Att: 3
Text of Proposed Order,
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Att: 4
Certificate of Service,
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Att: 5
Supplement Pleading in Intervention,
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Att: 6
Exhibit Exhibit A,
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Att: 7
Exhibit Exhibit B,
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Att: 8
Exhibit Exhibit C,
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Att: 9
Exhibit Exhibit D,
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Att: 10
Exhibit Exhibit E,
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Att: 11
Exhibit Exhibit F,
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Att: 12
Exhibit Exhibit G,
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Att: 13
Exhibit Exhibit H,
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Att: 14
Exhibit Exhibit I,
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Att: 15
Exhibit Exhibit J,
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Att: 16
Exhibit Exhibit K,
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Att: 17
Exhibit Exhibit L,
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Att: 18
Exhibit Exhibit M,
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Att: 19
Exhibit Exhibit N,
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Att: 20
Exhibit Exhibit O,
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Att: 21
Exhibit Exhibit P,
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Att: 22
Exhibit Exhibit Q
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| Wednesday, June 02, 2021 | ||
| 5 | 5
service
Affidavit of Service
Wed 06/02 2:44 PM
AFFIDAVIT of Service for Summons, Complaint served on Kinzel & Co., managing agent on 5 5-2021 filed by CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP. (DROUGHTON, AILEEN) |
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| 4 | 4
service
Affidavit of Service
Wed 06/02 2:43 PM
AFFIDAVIT of Service for Summons, Complaint served on Philip Kinzel on 5 5-2021 filed by CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP. (DROUGHTON, AILEEN) |
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| Friday, April 30, 2021 | ||
| 3 | 3
misc
Corporate Disclosure Statement (aty)
Fri 04/30 3:38 PM
Corporate Disclosure Statement by CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP identifying CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP as Corporate Parent.. (DROUGHTON, AILEEN) |
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| 2 | 2
service
Summons Issued
Fri 04/30 3:31 PM
SUMMONS ISSUED as to PHILIP KINZEL, KINZEL & CO., LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (qa, ) |
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qc
QC - Disclosure Statement filed as an Attachment
Fri 04/30 3:30 PM
CLERK'S QUALITY CONTROL MESSAGE - The1 Complaint filed by Aileen Droughton on 4/28/2021 was submitted with a Corporate Disclosure Statement as an attachment. PLEASE RESUBMIT the Corporate Disclosure Statement USING the event CORPORATE DISCLOSURE STATEMENT found under Other Filings -> Other Documents. (qa, ) |
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| Wednesday, April 28, 2021 | ||
| 1 | 1
17
pgs
cmp
Complaint
Wed 04/28 5:38 PM
COMPLAINT against KINZEL & CO. LLC AND PHILIP KINZEL CPA ( Filing and Admin fee $ 402 receipt number ANJDC-12418793), filed by CPA MUTUAL INSURANCE COMPANY OF AMERICA RISK RETENTION GROUP.(DROUGHTON, AILEEN) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Statement Corporate Disclosure Statement,
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Att: 3
Exhibit A,
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Att: 4
Exhibit B,
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Att: 5
Exhibit C,
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Att: 6
Exhibit D,
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Att: 7
Exhibit E,
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Att: 8
Exhibit F
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utility
Case Assigned/Reassigned
Thu 04/29 9:53 AM
Case Assigned to Judge Claire C. Cecchi and Magistrate Judge Edward S. Kiel. (ak, ) |
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