United States District Court for the Western District of Michigan

https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?44067330786...

ATTYNOTADMITTED

United States District Court Western District of Michigan (Southern Division (1)) CIVIL DOCKET FOR CASE #: 1:11-cv-00904-RHB
Indemnity Insurance Company of North America v. EF Trucking LLC et al Assigned to: Judge Robert Holmes Bell Demand: $318,000 Case in other court: New York Southern, 1:11-cv-01395 Cause: 28:1331 Fed. Question plaintiff Indemnity Insurance Company of North America a/s/o Perrigo Company agent of Perrigo Company represented by David Louis Mazaroli Law Ofces of David L. Mazaroli 11 Park Place Suite 1214 New York, NY 10007 (212) 267-8480 Fax: (212) 732-7352 ATTORNEY TO BE NOTICED Date Filed: 08/26/2011 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Federal Question

V. defendant EF Trucking LLC defendant Brink Truck Lines Inc. represented by George W. Wright George W. Wright & Associates, LLC 88 Pine Street New York, NY 10005 201) 342-8884 Fax: (201) 343-8869 ATTORNEY TO BE NOTICED

cross-claimant Brink Truck Lines Inc. represented by George W. Wright (See above for address) ATTORNEY TO BE NOTICED

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United States District Court for the Western District of Michigan

https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?44067330786...

V. cross-defendant EF Trucking LLC

Date Filed 03/01/2011

Docket Text

1 COMPLAINT against Brink Truck Lines Inc., EF Trucking LLC. (Filing Fee $ 350.00, Receipt Number 930793)Document led by Indemnity Insurance Company of North America.(rdz) [Transferred from New York Southern on 8/26/2011.] (Entered: 03/02/2011) SUMMONS ISSUED as to Brink Truck Lines Inc., EF Trucking LLC. (rdz) [Transferred from New York Southern on 8/26/2011.] (Entered: 03/02/2011) Magistrate Judge Andrew J. Peck is so designated. (rdz) [Transferred from New York Southern on 8/26/2011.] (Entered: 03/02/2011) Case Designated ECF. (rdz) [Transferred from New York Southern on 8/26/2011.] (Entered: 03/02/2011) 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying INA Holdings Corporation, INA Financial Corporation, INA Corporation, ACE INA Holdings, Inc., ACE Prime Holdings, Inc., ACE Limited as Corporate Parent. Document led by Indemnity Insurance Company of North America.(rdz) [Transferred from New York Southern on 8/26/2011.] (Entered: 03/02/2011) 3 NOTICE OF CASE REASSIGNMENT to Judge Harold Baer. Judge Deborah A. Batts is no longer assigned to the case. (sjo) [Transferred from New York Southern on 8/26/2011.] (Entered: 03/14/2011) 4 WAIVER OF SERVICE RETURNED EXECUTED. EF Trucking LLC waiver sent on 3/1/2011, answer due 5/2/2011. Document led by Indemnity Insurance Company of North America. (Mazaroli, David) [Transferred from New York Southern on 8/26/2011.] (Entered: 03/25/2011) 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document led by Brink Truck Lines Inc..(Wright, George) [Transferred from New York Southern on 8/26/2011.] (Entered: 03/28/2011) 6 ANSWER to Complaint., CROSSCLAIM against EF Trucking LLC. Document led by Brink Truck Lines Inc..(Wright, George) [Transferred from New York Southern on 8/26/2011.] (Entered: 03/28/2011) 7 Letter addressed to David Mazaroli, Esq. from Linda Eckhouse, Judicial Assistant to the Honorable Harold Baer, Jr. dated 6/10/2011 re: The will be a Pre-Trial Conference (PTC) on the above case at 1:45 p.m. on Thursday, June

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United States District Court for the Western District of Michigan

https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?44067330786...

23, 2011 in chambers, Room 2230. It is your responsibility to notify your adversary (ies) of the date and time with a copy to us. (mbe) [Transferred from New York Southern on 8/26/2011.] (Entered: 06/13/2011) 06/16/2011 8 MOTION to Dismiss for Lack of Jurisdiction or, Alternatively, Transfer Venue. Document led by Brink Truck Lines Inc.. Responses due by 7/8/2011 Return Date set for 7/22/2011 at 09:00 AM. (Attachments: # 1 Afdavit of Service) (Wright, George) [Transferred from New York Southern on 8/26/2011.] (Entered: 06/16/2011) 9 AFFIDAVIT of Les Brink in Support re: 8 MOTION to Dismiss for Lack of Jurisdiction or, Alternatively, Transfer Venue.. Document led by Brink Truck Lines Inc.. (Wright, George) [Transferred from New York Southern on 8/26/2011.] (Entered: 06/16/2011) 10 MEMORANDUM OF LAW in Support re: 8 MOTION to Dismiss for Lack of Jurisdiction or, Alternatively, Transfer Venue.. Document led by Brink Truck Lines Inc.. (Wright, George) [Transferred from New York Southern on 8/26/2011.] (Entered: 06/16/2011) Minute Entry for proceedings held before Judge Harold Baer: Initial Pretrial Conference held on 6/23/2011. (ft) [Transferred from New York Southern on 8/26/2011.] (Entered: 07/05/2011) 11 STIPULATION & ORDER: Plaintiff's opposition papers to Brink Truck Lines, Inc.'s motion to dismiss or transfer the action to be served and les by 7/22/2011. Defendant's reply papers to be served and led by 7/29/2011. The return date of the motion is extended to 8/5/2011. Plaintiff may le an amended complaint by 7/18/2011. ENDORSEMENT: In addition to the above, the parties are directed to submit a proposed pretrial scheduling order by 8/5/2011, which schedule may not extend beyond 7/5/2012, at the longest. (Amended Pleadings due by 7/18/2011. Responses due by 7/22/2011. Replies due by 7/29/2011.) (Signed by Judge Harold Baer on 7/7/2011) (ab) [Transferred from New York Southern on 8/26/2011.] (Entered: 07/08/2011) 12 AMENDED COMPLAINT amending 1 Complaint against Brink Truck Lines Inc., EF Trucking LLC.Document led by Indemnity Insurance Company of North America. Related document: 1 Complaint led by Indemnity Insurance Company of North America.(mbe) [Transferred from New York Southern on 8/26/2011.] (Entered: 07/20/2011) 13 ANSWER to 12 Amended Complaint., CROSSCLAIM against EF Trucking LLC. Document led by Brink Truck Lines Inc..(Wright, George) [Transferred from New York Southern on 8/26/2011.] (Entered: 07/21/2011) 14 STIPULATION & ORDER OF TRANSFER TO THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICH1GAN, that the captioned action be and hereby is transferred pursuant to 28 U.S.C.

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United States District Court for the Western District of Michigan

https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?44067330786...

1404(a) from this Court to the United States District Court for the Western District of Michigan; and IT IS FURTHER STIPULATED AND ORDERED that the Clerk of this Court shall forward the papers on le in this Court to the Clerk of the United States District Court tor the Western District of Michigan. IT IS FURTHER STIPULATED AND ORDERED that the motion to dismiss or alternatively to transfer the action led by Brink [D.E. # 8-10] is hereby withdrawn as moot in view of the aforesaid agreement to transfer the action. (Signed by Judge Harold Baer on 8/18/11) (pl) Modied on 8/18/2011 (pl). Modied on 8/18/2011 (pl). [Transferred from New York Southern on 8/26/2011.] (Entered: 08/18/2011) 08/18/2011 Transmission to Docket Assistant Clerk. Transmitted re: 14 Stipulation and Order, to the Docket Assistant Clerk for case processing. (Document #7 does not have a PDF Attached). (pl) [Transferred from New York Southern on 8/26/2011.] (Entered: 08/18/2011) CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Western District of Michigan, except for documents numbered 7 which were sent via Federal Express AIRBILL # 8759 1590 1682 on 8/25/2011. (tro) [Transferred from New York Southern on 8/26/2011.] (Entered: 08/25/2011) 15 CASE TRANSFERRED IN from New York Southern, their case number 1:11-cv-01395; the documents listed above were electronically transferred to the Western District of Michigan (kvt) (Entered: 08/26/2011) 16 NOTICE of receipt of case (kvt) (Entered: 08/26/2011) Copy of Receipt of Case Notice 16 sent via U.S. Mail to David Louis Mazaroli and George Wright (kvt) (Entered: 08/26/2011) 17 ATTORNEY ADMISSION LETTER sent to attorney David Louis Mazaroli; attorney admission deadline set for 9/23/2011; (kvt) (Entered: 08/26/2011) 18 ATTORNEY ADMISSION LETTER sent to attorney George Wright; attorney admission deadline set for 9/23/2011; (kvt) (Entered: 08/26/2011) 19 ORDER setting Rule 16 scheduling conference by telephone: telephone Rule 16 scheduling conference set for 10/12/2011 at 09:30 AM before Judge Robert Holmes Bell; status report due by 10/7/2011; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, sdb) (Entered: 08/26/2011) Copy of Order Setting Rule 16 Scheduling Conference by Telephone 19 sent via U.S. Mail to Attorney Mazaroli & Wright (gjf) (Entered: 08/29/2011)

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