DISCREF U.S. District Court U.S. District Court for the Northern District of Oklahoma (Tulsa) CIVIL DOCKET FOR CASE #: 4:10-cv-00744-TCK -PJC St Paul Surplus Lines Insurance Company, et al v. Ace American Insurance Company Assigned to: Judge Terence Kern Referred to: Magistrate Judge Paul J Cleary Demand: $0 Case in other court: USDC WD/LA, 6:10-cv-00714 Cause: 28:1332 Diversity-Contract Dispute Date Filed: 11/23/2010 Jury Demand: None Nature of Suit: 110 Insurance Jurisdiction: Diversity Plaintiff St Paul Surplus Lines Insurance Company represented by Michael G Lemoine Jones Walker Waechter Poitevent Carrere & Denegre, LLP (LAF) 600 JEFFERSON ST STE 1600 LAFAYETTE, LA 70502 337-262-9000 Fax: 337-262-9001 LEAD ATTORNEY Carmen M Rodriguez Jones Walker Waechter Poitevent Carrere & Denegre, LLP (LAF) 600 JEFFERSON ST STE 1600 LAFAYETTE, LA 70502 337-262-9000 Fax: 337-262-9001 Plaintiff Petroquest Energy LLC represented by Michael G Lemoine (See above for address) LEAD ATTORNEY Carmen M Rodriguez (See above for address) 1 of 7 11/24/10 11:49 AM
V. Defendant Ace American Insurance Company represented by Donna Powe Green Barnes & Green P O BOX 17947 HATTIESBURG, MS 39404-7947 601-271-9031 Fax: 601-271-9033 LEAD ATTORNEY Date Filed # Docket Text 04/28/2010 1 COMPLAINT against Ace American Insurance Co (Filing fee to be paid by cash, check, or credit card in person in a division of the court) filed by St Paul Surplus Lines Insurance Co. (Attachments: # 1 Civil cover sheet)(aty,lemoine, Michael) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 04/28/2010) 04/28/2010 FILING FEE RECEIVED: on behalf of St Paul Surplus Lines Insurance Co in the amount of $350.00, receipt number 64635003828 (crt,davenport, M) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 04/29/2010) 04/28/2010 CASE Assigned to Judge Rebecca F Doherty and Magistrate Judge C Michael Hill. (crt,thigpen, M) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 05/03/2010) 05/03/2010 2 NOTICE of Corporate Disclosure Statement Requirement sent to Michael G Lemoine on behalf of St Paul Surplus Lines Insurance Co. (crt,thigpen, M) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 05/03/2010) 05/07/2010 3 CORPORATE DISCLOSURE STATEMENT by St Paul Surplus Lines Insurance Co identifying Corporate Parent Travelers Companies Inc for St Paul Surplus Lines Insurance Co. (aty,lemoine, Michael) Modified on 5/7/2010 to add corporate parent (Keifer, K). [Transferred from Louisiana Western on 11/23/2010.] (Entered: 05/07/2010) 05/13/2010 4 SUMMONS ISSUED as to Ace American Insurance Co (crt,thigpen, M) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 05/13/2010) 05/14/2010 5 SUMMONS Returned Executed by St Paul Surplus Lines Insurance Co. Ace American Insurance Co served on 5/13/2010, answer due 6/3/2010. (aty,lemoine, Michael) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 05/14/2010) 2 of 7 11/24/10 11:49 AM
06/09/2010 6 MOTION for Extension of Time to File Answer re 1 Complaint with consent by Ace American Insurance Co. Motions referred to C Michael Hill. (Attachments: # 1 Proposed order)(aty,green, Donna) Modified on 6/9/2010 to edit text (Keifer, K). [Transferred from Louisiana Western on 11/23/2010.] (Entered: 06/09/2010) 06/11/2010 7 ORDER granting 6 Motion for Extension of Time to Answer re 1 Complaint. Ace American Insurance Co answer due 7/6/2010. Signed by Magistrate Judge C Michael Hill on 6/11/2010. (crt,keifer, K) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 06/11/2010) 07/06/2010 8 MOTION to Dismiss Ace American Insurance Company, MOTION to Transfer Case by Ace American Insurance Co. Motions referred to C Michael Hill. (Attachments: # 1 Memorandum / Brief, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15)(aty,Green, Donna) Modified on 7/7/2010 to edit text (Keifer, K). [Transferred from Louisiana Western on 11/23/2010.] (Entered: 07/06/2010) 07/07/2010 9 NOTICE of Motion Setting without oral argument regarding 8 MOTION to Dismiss ACE American Insurance Company, MOTION to Transfer Case. Motion day set for 9/24/2010 before Judge Rebecca F Doherty. (crt,keifer, K) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 07/07/2010) 07/08/2010 10 CORPORATE DISCLOSURE STATEMENT by Ace American Insurance Co identifying Corporate Parent Ace Ltd, Other Affiliate Ace America Insurance Co, Other Affiliate Ace I N A Holdings Inc, Other Affiliate Ace Group Holdings Inc, Other Affiliate INA Holdings Corporation, Other Affiliate INA Financial Corporation, Other Affiliate INA Corporation for Ace American Insurance Co. (aty,green, Donna) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 07/08/2010) 07/09/2010 11 MINUTE ENTRY REFERRING MOTION: 8 MOTION to Dismiss Ace American Insurance Company, MOTION to Transfer Case is hereby REFERRED to Magistrate Judge Hill for report and recommendation. (crt,keifer, K) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 07/09/2010) 07/15/2010 12 ORDER SETTING ORAL ARGUMENT re 8 MOTION to Dismiss ACE American Insurance Company, MOTION to Transfer Case. Oral argument is set for 8/18/2010 10:00 AM before the undersigned Magistrate Judge in Courtroom 6. Signed by Magistrate Judge C Michael Hill on 7/15/2010. (crt,keifer, K) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 07/16/2010) 07/26/2010 13 MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Dismiss ACE American Insurance Company MOTION to Transfer Case with consent by St Paul Surplus Lines Insurance Co. Motions referred to C Michael 3 of 7 11/24/10 11:49 AM
Hill. (Attachments: # 1 Text of proposed order)(aty,lemoine, Michael) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 07/26/2010) 07/27/2010 14 ORDER granting 13 Motion for Extension of Time to File Response/Reply re 8 MOTION to Dismiss ACE American Insurance Company, MOTION to Transfer Case. The deadline for filing a memorandum in response is 8/2/2010. In the event Ace American Insurance Co seeks leave to file a reply brief, such motion for leave shall be filed no later than 8/9/2010.Signed by Magistrate Judge C Michael Hill on 7/27/2010. (crt,keifer, K) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 07/27/2010) 08/02/2010 15 MEMORANDUM in Opposition re 8 MOTION to Dismiss ACE American Insurance Company MOTION to Transfer Case filed by St Paul Surplus Lines Insurance Co. (Attachments: # 1 Exhibits, # 2 Affidavit)(aty,Lemoine, Michael) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 08/02/2010) 08/04/2010 16 MOTION to Amend/Correct Complaint with opposition by St Paul Surplus Lines Insurance Co. (Attachments: # 1 Text of proposed order, # 2 Proposed Pleading)(aty,Lemoine, Michael) Modified on 8/4/2010 to edit text - (Keifer, K). [Transferred from Louisiana Western on 11/23/2010.] (Entered: 08/04/2010) 08/04/2010 Motions Transferred regarding 16 MOTION to Amend/Correct Complaint with opposition. Motions referred to C Michael Hill. (crt,keifer, K) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 08/04/2010) 08/05/2010 17 ORDER : The Motion to Amend Complaint [Doc. 16] will be heard with the other pending motions on 8/18/2010 at 10:00 AM. Opposition to this motion to be filed by 8/16/2010. Signed by Magistrate Judge C Michael Hill on 8/5/2010. (crt,keifer, K) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 08/09/2010) 08/09/2010 18 MOTION for Leave to File Reply Brief with consent by Ace American Insurance Co. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading) (aty,green, Donna) Modified on 8/10/2010 to edit text (Keifer, K). [Transferred from Louisiana Western on 11/23/2010.] (Entered: 08/09/2010) 08/09/2010 Motions Transferred regarding 18 MOTION for Leave to File Reply Brief with consent. Motions referred to C Michael Hill. (crt,keifer, K) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 08/10/2010) 08/10/2010 19 ORDER granting 18 Motion for Leave to File Reply. Signed by Magistrate Judge C Michael Hill on 8/10/2010. (crt,keifer, K) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 08/11/2010) 08/10/2010 20 REPLY to Response to Motion re 8 MOTION to Dismiss ACE American Insurance Company MOTION to Transfer Case filed by Ace American Insurance Co. (crt,keifer, K) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 08/11/2010) 4 of 7 11/24/10 11:49 AM
08/16/2010 21 MEMORANDUM in Opposition re 16 MOTION to Amend/Correct Complaint filed by Ace American Insurance Co. (aty,green, Donna) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 08/16/2010) 08/18/2010 22 MINUTES for proceedings held before Magistrate Judge C Michael Hill: taking under advisement 8 Motion to Dismiss; taking under advisement 8 Motion to Transfer Case; granting 16 Motion to Amend/Correct; MOTION HEARING held on 8/18/2010 re 8 MOTION to Dismiss ACE American Insurance Company MOTION to Transfer Case filed by Ace American Insurance Co, 16 MOTION to Amend/Correct Complaint filed by St Paul Surplus Lines Insurance Co. (Court Reporter: LaRae Bourque) (crt,roaix, G) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 08/19/2010) 08/18/2010 23 FIRST AMENDED COMPLAINT against Ace American Insurance Co filed by St Paul Surplus Lines Insurance Co, Petroquest Energy L L C.(crt,Keifer, K) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 08/20/2010) 09/02/2010 24 MOTION to Dismiss or in the alternative Motion to Transfer by Ace American Insurance Co. (Attachments: # 1 Memorandum / Brief)(aty,Green, Donna) Modified on 9/7/2010 to edit text (Keifer, K). [Transferred from Louisiana Western on 11/23/2010.] (Entered: 09/02/2010) 09/02/2010 24 MOTION to Transfer Case by Ace American Insurance Co. Motions referred to C Michael Hill. ADMINISTRATIVE ENTRY as 24 Motion to Dismiss e-filed without selecting all reliefs requested in pleading. (crt,keifer, K) Modified on 9/7/2010 to add document number (Keifer, K). [Transferred from Louisiana Western on 11/23/2010.] (Entered: 09/07/2010) 09/07/2010 25 NOTICE of Motion Setting without oral argument regarding 24 MOTION to Dismiss, or in the alternative 24 MOTION to Transfer Case. Motion day set for 11/19/2010 before Judge Rebecca F Doherty. (crt,keifer, K) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 09/07/2010) 09/07/2010 26 MINUTE ENTRY REFERRING MOTION: 24 MOTION to Dismiss or in the alternative Motion to Transfer filed by Ace American Insurance Co, 24 MOTION to Transfer Case filed by Ace American Insurance Co. Motions referred to C Michael Hill for report and recommendation. (crt,reasor, M) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 09/08/2010) 09/23/2010 27 MEMORANDUM in Opposition re 24 MOTION to Dismiss or in the alternative Motion to Transfer filed by Petroquest Energy L L C. (Attachments: # 1 Exhibits Doc. 15, # 2 Exhibits Doc. 15-1, # 3 Exhibits Doc. 15-2)(aty,Lemoine, Michael) Modified document linkage on 9/24/2010. (Alexander, E) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 09/23/2010) 09/27/2010 28 MOTION for Leave to File Reply Memorandum With Consent by Ace American Insurance Co. (Attachments: # 1 Proposed Pleading, # 2 Proposed 5 of 7 11/24/10 11:49 AM
Order)(aty,Green, Donna) Modified to more accurately identify attachment on 9/27/2010. (Alexander, E) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 09/27/2010) 09/27/2010 29 NOTICE of Appearance by Carmen M Rodriguez on behalf of Petroquest Energy L L C, St Paul Surplus Lines Insurance Co (aty,rodriguez, Carmen) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 09/27/2010) 09/27/2010 30 ORDER granting 28 Motion for Leave to File Reply Brief. Signed by Magistrate Judge C Michael Hill on 9/27/2010. (crt,keifer, K) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 09/29/2010) 09/27/2010 31 REPLY to Response to Motion re 24 MOTION to Dismiss or in the alternative Motion to Transfer filed by Ace American Insurance Co. (crt,keifer, K) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 09/29/2010) 10/12/2010 32 REPORT AND RECOMMENDATIONS re 8 MOTION to Dismiss ACE American Insurance Company MOTION to Transfer Case filed by Ace American Insurance Co. Objections to R&R due by 10/29/2010. Signed by Magistrate Judge C Michael Hill on 10/11/2010. (crt,davenport, M) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 10/12/2010) 10/12/2010 33 REPORT AND RECOMMENDATIONS re 24 MOTION to Dismiss or in the alternative Motion to Transfer filed by Ace American Insurance Co, 24 MOTION to Transfer Case filed by Ace American Insurance Co. Objections to R&R due by 10/29/2010. Signed by Magistrate Judge C Michael Hill on 10/11/2010. (crt,davenport, M) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 10/12/2010) 11/22/2010 34 JUDGMENT ADOPTING The Court concludes that the 32 Report and Recommendations of the magistrate judge is correct. Accordingly, IT IS ORDERED that Ace's 8 Motion to Transfer is GRANTED, and accordingly, this action is transferred to the United States District Court for the Northern District of Oklahoma pursuant to 28 USC Section 1404(a) for the convenience of the parties and witnesses and in the interest of justice. IT IS FURTHER ORDERED that Ace's Motion to Dismiss for lack of Personal Jurisdiction and Improper Venue pursuant to FRCP 12(b)(2) and 12(b)(3), respectively, and Ace's Motion to Transfer pursuant to 28 USC Section 1406, are DENIED AS MOOT, since the grant of Ace's Motion to Transfer pursuant to 28 USC Section 1404 pretermits any need for the Court to consider those Motions.. Signed by Judge Rebecca F Doherty on 11/22/10. (crt,guidry, C) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 11/22/2010) 11/22/2010 35 JUDGMENT ADOPTING the 33 Report and Recommendations. The Court concludes that the Report and Recommendation of the magistrate judge is correct. Accordingly, IT IS ORDERED that Ace's Motion to Dismiss for lack of personal Jurisdiction and Improper Venue pursuant to FRCP 12(b)(2) and 12(b)(3), respectively, and Ace's Motion to Transfer pursuant to 28 USC Section 6 of 7 11/24/10 11:49 AM
1406 and 1404, Rec. Doc. 24, in response to PetroQuest's claims, are DISMISSED AS MOOT, since the grant of Ace's previous Motion to Transfer pursuant to 28 USC Section 1404(a) pretermits any need for the Court to consider these Motions. Signed by Judge Rebecca F Doherty on 11/22/10. (crt,guidry, C) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 11/22/2010) 11/22/2010 DISTRICT TRANSFER OUT to Northern District of Oklahoma, Record electronically transmitted to receiving court. Case Terminated. All future pleadings should be filed with the newly assigned court. (crt,reasor, M) [Transferred from Louisiana Western on 11/23/2010.] (Entered: 11/23/2010) 11/23/2010 36 CASE TRANSFERRED IN from Louisiana Western 10-CV-714-RFD-CMH (Entered: 11/23/2010) 11/23/2010 37 MINUTE ORDER by Court Clerk, directing St Paul Surplus Lines Insurance Company, Petroquest Energy, LLC, Ace American Insurance Company to file a Corporate Disclosure Statement pursuant to FRCvP 7.1 within five (5) days of this order, if they have not already done so. The parties shall use the form entitled Corporate Disclosure Statement available on the Courts website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Corporate Disclosure Statement in this case, you are reminded to file a Supplemental Corporate Disclosure Statement within a reasonable time of any change in the information that the statement requires. (s-srt, Dpty Clk) (Entered: 11/23/2010) 11/23/2010 38 MINUTE ORDER by Court Clerk, changing case number to 10-CV- 744-TCK-PJC (s-srt, Dpty Clk) (Entered: 11/23/2010) 11/23/2010 39 LETTER re: Local Counsel Requirement sent to Michael G Lemoine and Carmen M Rodriguez (s-srt, Dpty Clk) (Entered: 11/23/2010) 11/23/2010 40 LETTER re: Local Counsel Requirement sent to Donna Powe Green (s-srt, Dpty Clk) (Entered: 11/23/2010) PACER Login: Description: PACER Service Center Transaction Receipt 11/24/2010 13:48:52 nh0877 Client Code: RCP Docket Report Search Criteria: Billable Pages: 5 Cost: 0.40 4:10-cv-00744-TCK -PJC 7 of 7 11/24/10 11:49 AM