Allied World Assurance Company (U.S.) Inc. v. LB Rose Ranch LLC et al
Adversary Proceeding
Lead BK case is: 1:08-bk-13555
Lead BK case is: 1:08-bk-13555
| New York Southern Bankruptcy Court | |
| Chapter 11 | |
| Judge: | Shelley C Chapman |
| Case #: | 1:15-ap-01128 |
| Nature of Suit | 2 Bankruptcy - Other 91 Bankruptcy - Declaratory judgment |
| Case Filed: | Jul 17, 2015 |
| Terminated: | Oct 04, 2017 |
| Last checked: never |
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Defendant
Neil Ross
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Defendant
Julie Pontin
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Defendant
Patrick M. Nesbitt
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Defendant
David Ice
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Defendant
Lisa Ice
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Defendant
Richard Moore
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Defendant
Daniel Hock
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Defendant
Toni Hock
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Defendant
J. Christine Amini
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Defendant
Andre Pontin
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Defendant
The Sohrab Amini Trust
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Defendant
Joseph S. Davis
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Defendant
Kristin F. Davis
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Defendant
Tina Rochowiak
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Defendant
Chadwick Micksch
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Defendant
Sarah Mickschl
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Defendant
American Home Assurance Company
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Defendant
National Union Fire Insurance Company of Pittsburgh, PA
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Defendant
Brian Alonge
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Represented By
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Defendant
LB Rose Ranch LLC
1271 Avenue of the Americas
New York, NY 10022 |
Represented By
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Defendant
Vaughan Counts
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Defendant
Thisha McBride
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Defendant
Charlie Lawson
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Defendant
Sarahliz Lawson
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Defendant
Stephanie Mosher
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Defendant
Steve Mew
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Defendant
Kori Mew
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Represented By
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Defendant
Craig Willis
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Defendant
Pamela Willis
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Defendant
The Koreich 1981 Trust
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Represented By
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Defendant
James Vidakovish Revocable Trust
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Defendant
Gary Gray
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Defendant
Michael Cryan
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Plaintiff
Allied World Assurance Company (U.S.) Inc.
100 Summer Street
Boston, MA 02110 |
Represented By
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| Docket last updated: 04/26/2024 1:08 PM EDT |
| Wednesday, October 04, 2017 | ||
| 42 | 42
order
So Ordered Stipulation
Wed 10/04 2:56 PM
So Ordered Stipulation for Dismissal of Adversary Proceeding with Prejudice as to "Colorado Plaintiffs", and without Prejudice as to All Other Parties signed on 10/4/2017 (White, Greg) |
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misc
Close Adversary Proceeding
Wed 10/04 2:57 PM
Adversary Case 1:15-ap-1128 Closed. This Adversary Proceeding is Closed Subject to the Filing of a Notice of Appeal Within Fourteen (14) Days of the Entry of the Order Terminating this Adversary Proceeding. (White, Greg) |
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| Tuesday, June 06, 2017 | ||
| 41 | 41
misc
Stipulation
Tue 06/06 4:05 PM
Stipulation and Order for Dismissal of Adversary Proceeding with Prejudice as to Colorado Plaintiffs and Without Prejudice as to All Other Parties Filed by Brian Matthew Margolies on behalf of Allied World Assurance Company (U.S.) Inc.. (Margolies, Brian) |
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| Wednesday, August 31, 2016 | ||
| 40 | 40
misc
Transcript
Wed 08/31 11:31 AM
Transcript regarding Hearing Held on 2/23/2016 10:14AM RE: Motion To Dismiss For Lack Of Jurisdiction Or In The Alternative, Motion To Abstain; Pretrial Conference. Remote electronic access to the transcript is restricted until 11/29/2016. The transcript may be viewed at the Bankruptcy Court Clerks Office. [Transcription Service Agency: Veritext Legal Solutions.]. (See the Courts Website for contact information for the Transcription Service Agency.) . Notice of Intent to Request Redaction Deadline Due By 9/7/2016. Statement of Redaction Request Due By 9/21/2016. Redacted Transcript Submission Due By 10/3/2016. Transcript access will be restricted through 11/29/2016. (Ortiz, Carmen) |
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| Thursday, July 21, 2016 | ||
| 39 | 39
notice
Notice, Appearance in Adversary Proceeding
Thu 07/21 11:19 AM
Notice of Appearance in Adversary Proceeding and request for service of papers filed by Peter Janovsky on behalf of American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, PA. (Janovsky, Peter) |
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| Monday, February 22, 2016 | ||
| 38 | 38
misc
Letter
Mon 02/22 3:00 PM
Letter Regarding Clarification of Allied World's Opposition Brief Filed by Brian Matthew Margolies on behalf of Allied World Assurance Company (U.S.) Inc.. (Margolies, Brian) |
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| 37 | 37
misc
Certificate of Service
Mon 02/22 10:42 AM
Certificate of Service filed by John D. Penn on behalf of Brian Alonge. (Penn, John) |
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| Friday, February 19, 2016 | ||
| 36 | 36
ans
Response
Fri 02/19 3:24 PM
Response / Supplemental Response of LB Rose Ranch, LLC in Response to Motion to Dismiss for Lack of Subject Matter Jurisdiction or in the Alternative, Motion to Abstain filed by Jacqueline Marcus on behalf of LB Rose Ranch LLC. (Marcus, Jacqueline) |
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| Monday, February 15, 2016 | ||
| 35 | 35
motion
Motion, Dismiss Adversary Proceeding
Mon 02/15 6:00 PM
Motion to Dismiss Adversary Proceeding /Reply filed by John D. Penn on behalf of Brian Alonge. (Penn, John) |
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Att: 1
Exhibit Exhibit E
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Att: 2
Exhibit Exhibit F
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| Friday, January 22, 2016 | ||
| 34 | 34
misc
Affidavit of Service
Fri 01/22 4:24 PM
Affidavit of Service of Carol Zhang of Epiq Bankruptcy Solutions, LLC filed by Epiq Bankruptcy Solutions, LLC.(Garabato, Sid) |
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| Thursday, January 21, 2016 | ||
| 33 | 33
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Statement
Thu 01/21 3:16 PM
Statement Exhibit A to Allied World's Opposition to Colorado Homeowners' Motion to Dismiss or in the Alternative to Abstain filed by Brian Matthew Margolies on behalf of Allied World Assurance Company (U.S.) Inc.. (Margolies, Brian) |
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| Wednesday, January 20, 2016 | ||
| 32 | 32
answer
Opposition Brief
Wed 01/20 4:28 PM
Opposition Brief /Response to the Colorado Homeowners' Motion to Dismiss or in the Alternative, Motion to Abstain filed by Michael S. Davis on behalf of American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, PA. (Davis, Michael) |
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| 31 | 31
ans
Statement
Wed 01/20 3:51 PM
Statement of LB Rose Ranch, LLC in Response to Motion to Dismiss for Lack of Subject Matter Jurisdiction or in the Alternative, Motion to Abstain filed by Jacqueline Marcus on behalf of LB Rose Ranch LLC. (Marcus, Jacqueline) |
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| 30 | 30
answer
Opposition
Wed 01/20 1:08 PM
Opposition to Colorado Homeowners' Motion to Dismiss for Lack of Jurisdiction or in the Alternative to Abstain filed by Brian Matthew Margolies on behalf of Allied World Assurance Company (U.S.) Inc.. Reply due by 2/10/2016, (Margolies, Brian) |
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| Monday, January 11, 2016 | ||
| 29 | 29
misc
Stipulation
Mon 01/11 2:17 PM
Stipulation re Colorado Homeowners' Motion to Dismiss or Abstain Filed by Brian Matthew Margolies on behalf of Allied World Assurance Company (U.S.) Inc.. (Margolies, Brian) |
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| Friday, December 18, 2015 | ||
| 28 | 28
order
Application, Pro Hac Vice
Fri 12/18 2:25 PM
Order Granting Application for Pro Hac Vice Admission of Mari K. Perczak signed on 12/18/2015 (White, Greg) |
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| 27 | 27
order
Application, Pro Hac Vice
Fri 12/18 2:24 PM
Order Granting Application for Pro Hac Vice Admission Of Thomas W. Henderson signed on 12/18/2015 (White, Greg) |
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| 26 | 26
order
Application, Pro Hac Vice
Fri 12/18 2:23 PM
Order Granting Application for Pro Hac Vice Admission of Joseph F. Smith signed on 12/18/2015 (White, Greg) |
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| Wednesday, December 16, 2015 | ||
| 25 | 25
motion
Application, Pro Hac Vice Admission
Wed 12/16 5:48 PM
Application for Pro Hac Vice Admission Of Mari K. Perczak filed by John D. Penn on behalf of Brian Alonge, J. Christine Amini, Vaughan Counts, Michael Cryan, Joseph S. Davis, Kristin F. Davis, Gary Gray, Daniel Hock, Toni Hock, David Ice, Lisa Ice, James Vidakovish Revocable Trust, Charlie Lawson, Sarahliz Lawson, Thisha McBride, Kori Mew, Steve Mew, Chadwick Micksch, Sarah Mickschl, Richard Moore, Stephanie Mosher, Patrick M. Nesbitt, Andre Pontin, Julie Pontin, Tina Rochowiak, Neil Ross, The Koreich 1981 Trust, The Sohrab Amini Trust, Craig Willis, Pamela Willis. (Penn, John) |
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Att: 1
Proposed Order
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| 24 | 24
motion
Application, Pro Hac Vice Admission
Wed 12/16 1:08 PM
Application for Pro Hac Vice Admission Of Thomas W. Henderson filed by John D. Penn on behalf of Brian Alonge, J. Christine Amini, Vaughan Counts, Michael Cryan, Joseph S. Davis, Kristin F. Davis, Gary Gray, Daniel Hock, Toni Hock, David Ice, Lisa Ice, James Vidakovish Revocable Trust, Charlie Lawson, Sarahliz Lawson, Thisha McBride, Kori Mew, Steve Mew, Chadwick Micksch, Sarah Mickschl, Richard Moore, Stephanie Mosher, Patrick M. Nesbitt, Andre Pontin, Julie Pontin, Tina Rochowiak, Neil Ross, The Koreich 1981 Trust, The Sohrab Amini Trust, Craig Willis, Pamela Willis. (Penn, John) |
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Att: 1
Proposed Order
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| 23 | 23
motion
Application, Pro Hac Vice Admission
Wed 12/16 12:59 PM
Application for Pro Hac Vice Admission Of Joseph F. Smith filed by John D. Penn on behalf of Brian Alonge, J. Christine Amini, Vaughan Counts, Michael Cryan, Joseph S. Davis, Kristin F. Davis, Gary Gray, Daniel Hock, Toni Hock, David Ice, Lisa Ice, James Vidakovish Revocable Trust, Charlie Lawson, Sarahliz Lawson, Thisha McBride, Kori Mew, Steve Mew, Chadwick Micksch, Sarah Mickschl, Richard Moore, Stephanie Mosher, Patrick M. Nesbitt, Andre Pontin, Julie Pontin, Tina Rochowiak, Neil Ross, The Koreich 1981 Trust, The Sohrab Amini Trust, Craig Willis, Pamela Willis. (Penn, John) |
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Att: 1
Proposed Order
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crditcrd
Auto - docket of credit card
Wed 12/16 1:02 PM
Receipt of Application for Pro Hac Vice Admission 15-01128 scc) [motion,122] ( 200.00) Filing Fee. Receipt number 11052786. Fee amount 200.00. (U.S. Treasury) |
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crditcrd
Auto - docket of credit card
Wed 12/16 1:12 PM
Receipt of Application for Pro Hac Vice Admission 15-01128 scc) [motion,122] ( 200.00) Filing Fee. Receipt number 11052811. Fee amount 200.00. (U.S. Treasury) |
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crditcrd
Auto - docket of credit card
Wed 12/16 5:50 PM
Receipt of Application for Pro Hac Vice Admission 15-01128 scc) [motion,122] ( 200.00) Filing Fee. Receipt number 11054045. Fee amount 200.00. (U.S. Treasury) |
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| Tuesday, December 15, 2015 | ||
| 22 | 22
misc
Affidavit of Service
Tue 12/15 2:42 PM
Affidavit of Service Filed by John D. Penn on behalf of Brian Alonge, J. Christine Amini, Vaughan Counts, Michael Cryan, Joseph S. Davis, Kristin F. Davis, Gary Gray, Daniel Hock, Toni Hock, David Ice, Lisa Ice, James Vidakovish Revocable Trust, Charlie Lawson, Sarahliz Lawson, Thisha McBride, Kori Mew, Steve Mew, Chadwick Micksch, Sarah Mickschl, Richard Moore, Stephanie Mosher, Patrick M. Nesbitt, Andre Pontin, Julie Pontin, Tina Rochowiak, Neil Ross, The Koreich 1981 Trust, The Sohrab Amini Trust, Craig Willis, Pamela Willis. (Penn, John) |
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| Friday, November 13, 2015 | ||
| 21 | 21
answer|cmp
Answer, Amended Complaint|Crossclaim
Fri 11/13 5:32 PM
Answer to Amended Complaint , Crossclaim against all defendants filed by Michael S. Davis on behalf of National Union Fire Insurance Company of Pittsburgh, PA. (Davis, Michael) |
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| 20 | 20
answer|cmp
Answer, Amended Complaint|Crossclaim
Fri 11/13 5:29 PM
Answer to Amended Complaint , Crossclaim against all defendants filed by Michael S. Davis on behalf of American Home Assurance Company. (Davis, Michael) |
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| 19 | 19
motion
Motion, Dismiss Case
Fri 11/13 5:07 PM
Motion to Dismiss Case / Motion To Dismiss For Lack Of Jurisdiction Or In The Alternative, Motion To Abstain filed by John D. Penn on behalf of Brian Alonge, J. Christine Amini, Vaughan Counts, Michael Cryan, Joseph S. Davis, Kristin F. Davis, Gary Gray, Daniel Hock, Toni Hock, David Ice, Lisa Ice, James Vidakovish Revocable Trust, Charlie Lawson, Sarahliz Lawson, Thisha McBride, Kori Mew, Steve Mew, Chadwick Micksch, Sarah Mickschl, Richard Moore, Stephanie Mosher, Patrick M. Nesbitt, Andre Pontin, Julie Pontin, Tina Rochowiak, Neil Ross, The Koreich 1981 Trust, The Sohrab Amini Trust, Craig Willis, Pamela Willis with hearing to be held on 1/21/2016 at 10:00 AM at Courtroom 623 (SCC) Responses due by 1/8/2016,. (Penn, John) |
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Att: 1
Exhibit A
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Att: 2
Exhibit B
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Att: 3
Exhibit C
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Att: 4
Exhibit D
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Att: 5
Proposed Order
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| 18 | 18
misc
Affidavit of Service
Fri 11/13 2:37 PM
Affidavit of Service of Emily L. Kuznick Filed by Edward M Joyce on behalf of LB Rose Ranch LLC. (Joyce, Edward) |
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| 17 | 17
answer|cmp
Answer, Amended Complaint|Counterclaim
Fri 11/13 2:32 PM
Answer to Amended Complaint , Counterclaim against Allied World Assurance Company (U.S.) Inc. filed by Edward M Joyce on behalf of LB Rose Ranch LLC. (Joyce, Edward) |
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| Thursday, November 12, 2015 | ||
| 16 | 16
misc
Stipulation
Thu 11/12 4:50 PM
Stipulation Regarding Waiver of Service Between Allied World and Homeowner Defendants Filed by Brian Matthew Margolies on behalf of Allied World Assurance Company (U.S.) Inc.. (Margolies, Brian) |
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| Tuesday, September 29, 2015 | ||
| 15 | 15
misc
Stipulation
Tue 09/29 1:13 PM
Stipulation Regarding Waiver of Service Between Allied World and LB Rose Ranch LLC Filed by Brian Matthew Margolies on behalf of Allied World Assurance Company (U.S.) Inc.. (Margolies, Brian) |
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| Thursday, September 24, 2015 | ||
| 14 | 14
order
Application, Pro Hac Vice
Thu 09/24 9:03 AM
Order Granting Application for Pro Hac Vice Admission of Joseph A. Hinkhouse signed on 9/24/2015 (White, Greg) |
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| Tuesday, September 22, 2015 | ||
| 13 | 13
motion
Application, Pro Hac Vice Admission
Tue 09/22 10:09 AM
Application for Pro Hac Vice Admission of Joseph A. Hinkhouse filed by Michael S. Davis on behalf of American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, PA. (Davis, Michael) |
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Att: 1
Proposed order
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crditcrd
Auto - docket of credit card
Tue 09/22 10:12 AM
Receipt of Application for Pro Hac Vice Admission 15-01128 scc) [motion,122] ( 200.00) Filing Fee. Receipt number 10918190. Fee amount 200.00. (U.S. Treasury) |
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| Friday, September 11, 2015 | ||
| 12 | 12
order
Application, Pro Hac Vice
Fri 09/11 11:41 AM
Order Granting Application for Pro Hac Vice Admission of Richard A. Hodyl signed on 9/11/2015 (White, Greg) |
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| Wednesday, September 09, 2015 | ||
| 11 | 11
motion
Application, Pro Hac Vice Admission
Wed 09/09 2:02 PM
Application for Pro Hac Vice Admission of Richard A. Hodyl to represent National Union Fire Insurance Company of Pittsburgh, Pa. and American Home Assurance Company filed by Michael S. Davis on behalf of American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, PA. (Davis, Michael) |
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Att: 1
Proposed order
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crditcrd
Auto - docket of credit card
Wed 09/09 2:05 PM
Receipt of Application for Pro Hac Vice Admission 15-01128 scc) [motion,122] ( 200.00) Filing Fee. Receipt number 10897741. Fee amount 200.00. (U.S. Treasury) |
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| Tuesday, August 25, 2015 | ||
| 10 | 10
cmp
Auto Summons and Notice of Pre-Trial Conference
Tue 08/25 3:06 PM
Third Summons with Notice of Pre-Trial Conference issued by Clerk's Office with Pre-Trial Conference set for 10/8/2015 at 10:00 AM at Courtroom 623 (SCC), Answer due by 9/24/2015, (Braithwaite, Kenishia) |
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misc
Request for Subsequent Summons
Tue 08/25 2:49 PM
Request for a Third Summons filed by Brian Matthew Margolies on behalf of Allied World Assurance Company (U.S.) Inc.. (Margolies, Brian) |
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| Thursday, August 20, 2015 | ||
| 9 | 9
other
Certificate, Service
Thu 08/20 3:33 PM
Certificate of Service on Weil Gotchal & Manges, LLP, attorney for LB Rose Ranch, LLC filed by Brian Matthew Margolies on behalf of Allied World Assurance Company (U.S.) Inc.. (Margolies, Brian) |
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| 8 | 8
other
Certificate, Service
Thu 08/20 3:31 PM
Certificate of Service on LB Rose Ranch LLC filed by Brian Matthew Margolies on behalf of Allied World Assurance Company (U.S.) Inc.. (Margolies, Brian) |
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| 7 | 7
other
Certificate, Service
Thu 08/20 3:29 PM
Certificate of Service on National Union Fire Insurance Company of Pittsburgh PA filed by Brian Matthew Margolies on behalf of Allied World Assurance Company (U.S.) Inc.. (Margolies, Brian) |
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| 6 | 6
other
Certificate, Service
Thu 08/20 3:28 PM
Certificate of Service on American Home Assurance Company filed by Brian Matthew Margolies on behalf of Allied World Assurance Company (U.S.) Inc.. (Margolies, Brian) |
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| Tuesday, August 18, 2015 | ||
| 5 | 5
cmp
Amended Complaint
Tue 08/18 2:52 PM
Amended Complaint against all defendants Filed by Brian Matthew Margolies on behalf of Allied World Assurance Company (U.S.) Inc.. (Margolies, Brian) |
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Att: 1
Exhibit 1
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Att: 2
Exhibit 2
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Att: 3
Exhibit 2A
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Att: 4
Exhibit 2B
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Att: 5
Exhibit 3
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| Tuesday, August 11, 2015 | ||
| 4 | 4
notice
Notice, Appearance in Adversary Proceeding
Tue 08/11 2:09 PM
Notice of Appearance in Adversary Proceeding by Zeichner Ellman & Krause LLP and request for service of papers filed by Michael S. Davis on behalf of American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, PA. (Davis, Michael) |
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| Thursday, July 30, 2015 | ||
| 3 | 3
cmp
Auto Summons and Notice of Pre-Trial Conference
Thu 07/30 11:16 AM
Second Summons with Notice of Pre-Trial Conference issued by Clerk's Office with Pre-Trial Conference set for 9/17/2015 at 10:00 AM at Courtroom 623 (SCC), Answer due by 8/31/2015, (Braithwaite, Kenishia) |
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| Wednesday, July 29, 2015 | ||
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misc
Request for Subsequent Summons
Wed 07/29 4:27 PM
Request for a Second Summons filed by Brian Matthew Margolies on behalf of Allied World Assurance Company (U.S.) Inc.. (Margolies, Brian) |
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| Monday, July 20, 2015 | ||
| 2 | 2
cmp
Auto Summons and Notice of Pre-Trial Conference
Mon 07/20 10:37 AM
Summons with Notice of Pre-Trial Conference issued by Clerk's Office with Pre-Trial Conference set for 9/9/2015 at 10:00 AM at Courtroom 623 (SCC), Answer due by 8/19/2015, (Braithwaite, Kenishia) |
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| Friday, July 17, 2015 | ||
| 1 | 1
cmp
Complaint (fee)
Fri 07/17 4:25 PM
Adversary case 15-01128 Complaint against LB Rose Ranch LLC, Vaughan Counts, Thisha McBride, Charlie Lawson, Sarahliz Lawson, Stephanie Mosher, Steve Mew, Kori Mew, Graig Willis, Pamela Willis, The Koreich 1981 Trust, James Vidakovish Revocable Trust, Gary James Gray, Michael Cryan, Brian Alonge, Andre Pontin, Julie Pontin, Patrick M. Nesbitt, David Ice, Lisa Ice, Richard Moore, Daniel Hock, Toni Hock, Christine J. Amini, Neil Ross, The Sohrab Amini Trust, Joseph S. Davis, Kristin F. Davis, Tina Rochowiak, Chadwick Micksch, Sarah Mickschl, American Home Assurance Company, National Union Fire Insurance Company of Pittsburgh, PA . Nature(s) of Suit: (91 (Declaratory judgment)), (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Filed by Brian Matthew Margolies on behalf of Allied World Assurance Company (U.S.) Inc.. (Margolies, Brian) |
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Att: 1
Exhibit Exhibit 1
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Att: 2
Exhibit Exhibit 2
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Att: 3
Exhibit Exhbit 2.A
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Att: 4
Exhibit Exhibit 2.B
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