BSI SOLUTIONS, INC. v. TWIN CITY FIRE INSURANCE COMPANY et al

North Carolina Middle District Court
Judge:	Loretta C Biggs
Referred:	L Patrick Auld
Case #:	1:24-cv-00280
Nature of Suit	110 Contract - Insurance
Cause	28:1330 Breach of Contract

Case Filed:

Mar 28, 2024

Docket
Parties (4)

Last checked: Tuesday Sep 24, 2024 4:41 AM EDT

Defendant NUTMEG INSURANCE AGENCY, INC.	Represented By JAMES WEST BRYAN Maynard Nexsen contact info OLIVIA F. FAJEN Maynard Nexsen contact info
Defendant TWIN CITY FIRE INSURANCE COMPANY	Represented By JAMES WEST BRYAN Maynard Nexsen contact info OLIVIA F. FAJEN Maynard Nexsen contact info
Mediator RAYMOND E. OWENS, JR.
Plaintiff BSI SOLUTIONS, INC.	Represented By J. MICHAEL MALONE Hendren Redwine & Malone, PLLC contact info

Docket last updated: 05/23/2025 11:59 PM EDT

Wednesday, April 16, 2025
		utility Set/Reset Scheduling Order Deadlines Wed 04/16 9:28 AM Reset Scheduling Order Deadlines: Discovery due by 8/15/2025. Dispositive Motions due by 9/1/2025. (sh) Related: [-]
Tuesday, April 15, 2025
		order Order on Motion to Modify Tue 04/15 7:05 PM TEXT ORDER granting in part and denying in part18 Motion to Modify Case Management Order, in that (1) Plaintiff's deadline to serve expert disclosures under Federal Rule of Civil Procedure 26(a)(2)(B) and (C) remains unchanged; (2) Defendants shall serve any expert disclosures under Federal Rule of Civil Procedure 26(a)(2)(B) and (C) by 07/15/2025; (3) the mediation deadline remains unchanged; (4) the parties shall complete discovery by 08/15/2025; and (5) the parties shall file any dispositive motions by 09/01/2025. In18 Motion, Defendants have argued that they reasonably require more time to obtain (via subpoena) documents based on information discovered in depositions of Plaintiff's employees and then conduct follow-up discovery based on those documents, as well as that their experts need time to incorporate the subpoenaed material into their expert reports. In20 Response, Plaintiff has opposed any extension of any case management deadlines on the ground that Defendants should have acted more diligently to obtain the documents at issue. However, Plaintiff did not dispute Defendants' contention in18 Motion that Defendants' efforts to discover information were complicated by the fact that "Plaintiff does not have possession of most of its business records." Given that undisputed fact, which necessarily would complicate and delay Defendants' ability to assemble the information needed for their defense (and by their experts), the Court finds "good cause," Fed. R. Civ. P. 16(b)(4), for some extension of Defendants' expert disclosure deadline, the discovery deadline, and the dispositive motions deadline. The Court has limited those extensions to 60 days (as alternatively requested by Plaintiff in20 Response). Because the justifications offered in18 Motion only apply to Defendants' provision of expert reports and Plaintiff has not articulated any need for an extension of its expert-related deadline, the Court has made no alteration of that deadline. Additionally, as nothing in18 Motion explains any need for an extension of the mediation deadline and Plaintiff (in20 Response) has raised sensible objections to any extension of that deadline, the Court also has left the mediation deadline in place. Issued by MAG/JUDGE L. PATRICK AULD on 04/15/2025. (AULD, L.) Related: [-]
Tuesday, April 08, 2025
		utility Motions Referred Tue 04/08 9:40 AM Motion Referred: RE:18 MOTION to Modify (Defendants' Motion to Modify the Case Management Order) , to MAG/JUDGE L. PATRICK AULD (db) Related: [-]
Monday, April 07, 2025
20		20 respm Response to Motion Mon 04/07 5:27 PM RESPONSE filed by Plaintiff BSI SOLUTIONS, INC. re18 MOTION to Modify (Defendants' Motion to Modify the Case Management Order) filed by TWIN CITY FIRE INSURANCE COMPANY, NUTMEG INSURANCE AGENCY, INC. filed by BSI SOLUTIONS, INC.. Replies due by 4/21/2025 (MALONE, J.) Related: [-]
Tuesday, April 01, 2025
		utility Motions Referred Tue 04/01 7:48 AM Motion Referred: RE:19 Consent MOTION to Expedite (Defendants' Consent Motion to Expedite the Plaintiff's Opposition Response and Consideration of Defendants' Motion to Modify the Case Management Order) , to MAG/JUDGE L. PATRICK AULD (db) Related: [-]
		order Order on Motion to Expedite Tue 04/01 9:35 AM TEXT ORDER granting19 Consent Motion to Expedite, in that Plaintiff shall file any response to18 Motion to Modify the Case Management Order by 04/08/2025. Issued by MAG/JUDGE L. PATRICK AULD on 04/01/2025. (AULD, L.) Related: [-]
		utility Set/Reset Motion and R and R Deadlines/Hearings Tue 04/01 1:57 PM Reset Response Deadline re18 MOTION to Modify. Response to Motion due by 4/8/2025. (sh) Related: [-]
Monday, March 31, 2025
19		19 motion Expedite Mon 03/31 6:20 PM Consent MOTION to Expedite (Defendants' Consent Motion to Expedite the Plaintiff's Opposition Response and Consideration of Defendants' Motion to Modify the Case Management Order) by NUTMEG INSURANCE AGENCY, INC., TWIN CITY FIRE INSURANCE COMPANY.(BRYAN, JAMES) Related: [-]
		Att: 1 Text of Proposed Order
18		18 motion Modify Mon 03/31 6:10 PM MOTION to Modify (Defendants' Motion to Modify the Case Management Order) by NUTMEG INSURANCE AGENCY, INC., TWIN CITY FIRE INSURANCE COMPANY. Response to Motion due by 4/21/2025(BRYAN, JAMES) Related: [-]
		Att: 1 Text of Proposed Order
Wednesday, September 04, 2024
17		17 order Protective Order Wed 09/04 1:37 PM STIPULATED PROTECTIVE ORDER signed by MAG/JUDGE L. PATRICK AULD on 9/4/2024; that the foregoing terms of the Stipulated Protective Order agreed to by the parties, including the Acknowledgment form, are approved, shall be made of record, and shall govern the disclosure and use of confidential information in this action. (sh) Related: [-]
		order Order on Motion for L.R. 5.5 Report-Joint Wed 09/04 12:26 PM TEXT ORDER adopting15 Joint L.R. 5.5 Report. Issued by MAG/JUDGE L. PATRICK AULD on 09/04/2024. (AULD, L.) Related: [-]
		order Order Wed 09/04 3:58 PM TEXT ORDER clarifying17 Stipulated Protective Order, as follows: notwithstanding the reference to "hearings or trial" on Page 1 of17 Stipulated Protective Order and to "testimony" on Page 2 of17 Stipulated Protective Order, nothing in17 Stipulated Protective Order imposes any restrictions on any testimony given or any evidence received in any open-court proceeding. Issued by MAG/JUDGE L. PATRICK AULD on 09/04/2024. (AULD, L.) Related: [-]
Thursday, August 29, 2024
		utility Motions Referred Thu 08/29 8:07 AM Motions Referred: RE:15 L.R. 5.5 Report-Joint filed by all parties,16 Joint MOTION for Protective Order , to MAG/JUDGE L. PATRICK AULD (db) Related: [-]
Wednesday, August 28, 2024
16		16 motion Protective Order Wed 08/28 4:55 PM Joint MOTION for Protective Order by NUTMEG INSURANCE AGENCY, INC., TWIN CITY FIRE INSURANCE COMPANY. Response to Motion due by 9/11/2024(FAJEN, OLIVIA) Related: [-]
		Att: 1 Text of Proposed Order
Monday, August 19, 2024
15		15 motion L.R. 5.5 Report-Joint Mon 08/19 12:03 PM L.R. 5.5 Report-Joint filed by all parties by NUTMEG INSURANCE AGENCY, INC., TWIN CITY FIRE INSURANCE COMPANY.(FAJEN, OLIVIA) Related: [-]
Friday, July 19, 2024
14		14 1 pgs order Order Appointing Mediator Fri 07/19 11:51 AM ORDER Appointing RAYMOND E. OWENS, JR., as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (mb) Related: [-]
		utility Set/Reset Scheduling Order Deadlines Fri 07/19 10:00 AM Set Scheduling Order Deadlines: Discovery is Complex. Discovery due by 5/15/2025. Mediation due by 5/26/2025. The parties agree that the mediator shall be Ray Owens. Plaintiff's Amended Pleadings due by 11/30/2024. Defendants' Amended Pleadings due by 12/15/2024. Joinder of Parties for Plaintiff due by 11/30/2024. Joinder of Parties for Defendant due by 12/15/2024. Dispositive Motions due by 7/1/2025. The parties do not consent to the trial jurisdiction of a Magistrate Judge. Trial of the action is expected to take approximately 10 to 12 days. A jury trial has been demanded by both parties. (sh) Related: [-]
		notice Working Copies Notice Fri 07/19 10:01 AM NOTICE to Counsel: Counsel shall comply with the assigned magistrate judge's working copies preference for filing non-dispositive motions and briefs including discovery matters as seen at https://www.ncmd.uscourts.gov/sites/ncmd/files/JudPref.pdf. (sh) Related: [-]
		order Mediation Scheduling Order Fri 07/19 11:48 AM MEDIATION SCHEDULING ORDER; Mediation due by 5/26/2025. (mb) Related: [-]
Thursday, July 18, 2024
13		13 motion Rule 26f Report - Joint Thu 07/18 1:35 PM Rule 26(f) Report (Joint) filed by all parties by BSI SOLUTIONS, INC..(MALONE, J.) Related: [-]
		utility Motions Referred Thu 07/18 3:20 PM Motions Referred: RE:13 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE L. PATRICK AULD (kg) Related: [-]
		order Rule 26f - Joint Thu 07/18 5:31 PM TEXT ORDER adopting13 Joint Rule 26(f) Report, with the following clarification/modification: the deadlines in Paragraph 2.g. regarding service of reports from retained experts also apply to the service of any expert disclosures required by Federal Rule of Civil Procedure 26(a)(2)(C). Issued by MAG/JUDGE L. PATRICK AULD on 07/18/2024. (AULD, L.) Related: [-]
Friday, June 21, 2024
12		12 answer Answer to Complaint Fri 06/21 1:02 PM DEFENDANTS TWIN CITY FIRE INSURANCE COMPANY AND NUTMEG INSURANCE AGENCY, INC.'S AMENDED ANSWER to1 Complaint, with Jury Demand by NUTMEG INSURANCE AGENCY, INC., TWIN CITY FIRE INSURANCE COMPANY. (BRYAN, JAMES) Related: [-]
Tuesday, June 04, 2024
11		11 notice Notice of Initial Pretrial Conference Hearing Tue 06/04 12:44 PM NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 7/29/2024 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (kg) Related: [-]
Friday, May 31, 2024
10		10 misc Corporate Disclosure Statement Fri 05/31 3:47 PM Corporate Disclosure Statement. (MALONE, J.) Related: [-]
9		9 misc Corporate Disclosure Statement Fri 05/31 3:28 PM Corporate Disclosure Statement. (BRYAN, JAMES) Related: [-]
8		8 misc Corporate Disclosure Statement Fri 05/31 3:27 PM Corporate Disclosure Statement. (BRYAN, JAMES) Related: [-]
7		7 answer Answer to Complaint Fri 05/31 9:21 AM DEFENDANTS TWIN CITY FIRE INSURANCE COMPANY AND NUTMEG INSURANCE AGENCY, INC.'S ANSWER to1 Complaint, with Jury Demand by NUTMEG INSURANCE AGENCY, INC., TWIN CITY FIRE INSURANCE COMPANY. (BRYAN, JAMES) Related: [-]
Wednesday, April 03, 2024
6		6 notice Notice of Attorney Appearance Wed 04/03 11:40 AM NOTICE of Attorney Appearance by attorney JAMES WEST BRYAN on behalf of Defendants NUTMEG INSURANCE AGENCY, INC., TWIN CITY FIRE INSURANCE COMPANY (BRYAN, JAMES) Related: [-]
5		5 notice Notice of Attorney Appearance Wed 04/03 11:35 AM NOTICE of Attorney Appearance by attorney OLIVIA F. FAJEN on behalf of Defendants NUTMEG INSURANCE AGENCY, INC., TWIN CITY FIRE INSURANCE COMPANY (FAJEN, OLIVIA) Related: [-]
4		4 service Waiver of Service Executed Wed 04/03 10:26 AM WAIVER OF SERVICE Returned Executed by BSI SOLUTIONS, INC.. NUTMEG INSURANCE AGENCY, INC. waiver sent on 4/1/2024, answer due 5/31/2024; TWIN CITY FIRE INSURANCE COMPANY waiver sent on 4/1/2024, answer due 5/31/2024. (MALONE, J.) Related: [-]
Thursday, March 28, 2024
3		3 notice Notice of Right to Consent Thu 03/28 2:07 PM Notice of Right to Consent. Counsel shall serve the attached form on all parties.. (cc) Related: [-]
		Att: 1 Consent to Jurisdiction
2		2 service Summons Issued Thu 03/28 2:05 PM Summons Issued as to All Defendants.. (cc) Related: [-]
		Att: 1 Summons issued for Nutmeg Insurance Agency, INC.
1		1 18 pgs cmp Complaint Thu 03/28 10:12 AM COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ANCMDC-3798778.), filed by BSI SOLUTIONS, INC..(MALONE, J.) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Proposed Summons for Defendant Twin City Fire Insurance Company,
		Att: 3 Proposed Summons for Defendant Nutmeg Insurance Agency, Inc.
		utility Case Assigned Thu 03/28 1:06 PM Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE L. PATRICK AULD. (cc) Related: [-]
		utility Case Referred to Mediation Thu 03/28 1:07 PM CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (cc) Related: [-]

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