U.S.

District Court
Northern District of Alabama (Southern)
CIVIL DOCKET FOR CASE #: 2:14-cv-01903-JEO
Kimerling et al v. Westchester Fire Insurance Company
Assigned to: Magistrate Judge John E Ott
Case in other court: Circuit Court of Shelby County Alabama,
58-CV-09-00358
Cause: 28:1332 Diversity-Insurance Contract
Date Filed: 10/07/2014
Jury Demand: None
Nature of Suit: 110 Insurance
Jurisdiction: Diversity
Plaintiff
Jonathan L Kimerling represented by Bruce F Rogers
BAINBRIDGE MIMS ROGERS &
SMITH LLP
600 Luckie Drive
Suite 415
PO Box 530886
Birmingham, AL 35253
205-879-1100
Fax: 205-879-4300
Email: brogers@bainbridgemims.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sela Stroud Blanton
BAINBRIDGE MIMS ROGERS &
SMITH LLP
600 Luckie Drive, Suite 415
P o Box 530886
Birmingham, AL 35253
205-879-1100
Fax: 205-879-4300
Email: sblanton@bainbridgemims.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
William A Ochsenhirt, III represented by Bruce F Rogers
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sela Stroud Blanton
(See above for address)
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LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Inverness Holdings LLC
doing business as
Inverness Country Club
represented by Bruce F Rogers
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sela Stroud Blanton
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
S&J Family LLC represented by Bruce F Rogers
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sela Stroud Blanton
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Westchester Fire Insurance Company
also known as
Ace Westchester Fire Insurance
Company
represented by Candace L Hudson
ELY & ISENBERG LLC
2700 Highway 280 East
Suite 110
Birmingham, AL 35223
205-313-1200
Fax: 205-313-1201
Email: chudson@elylawllc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Joel S Isenberg
ELY & ISENBERG LLC
2100-B SouthBridge Parkway
Suite 380
Birmingham, AL 35209
205-313-1200
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Fax: 205-313-1201
Email: ljemison@elylawllc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
10/07/2014 1 NOTICE OF REMOVAL by Westchester Fire Insurance Company from Circuit
Court of Shelby County Alabama, case number 58-CV-2009-00358. ( Filing fee $
400, NDAL Receipt No. B4601056554 ), led by Westchester Fire Insurance
Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(PSM)
Modied on 10/10/2014 (PSM). (Entered: 10/08/2014)
10/07/2014 2 NOTICE of Corporate Disclosure by Westchester Fire Insurance Company (PSM)
(Entered: 10/08/2014)
10/08/2014 Original COMPLAINT for consolidated case deemed led in state court on
12/30/2008. See 1 at EX C pg 2.(PSM) (Entered: 10/08/2014)
10/08/2014 Original COMPLAINT in Case 09-358 deemd led in state court on 4/9/2009. See 1
at EX C pg 14. (PSM) (Entered: 10/08/2014)
10/08/2014 AMENDED COMPLAINT in 09-358 deemed led on 5/15/2009 in state court. See 1
at EX C pg 45.(PSM) (Entered: 10/08/2014)
10/08/2014 Second AMENDED COMPLAINT deemed led in state court on 6/10/2010. See 1
at EX C pg 81.(PSM) (Entered: 10/08/2014)
10/08/2014 Third AMENDED COMPLAINT deemed led in state court on 11/19/2010. See 1 at
Ex C pg85(PSM) (Entered: 10/08/2014)
10/08/2014 Fourth AMENDED COMPLAINT deemd led in state court on 9/13/2011. See 1 at
EX C pg 87. (PSM) (Entered: 10/08/2014)
10/08/2014 Fifth AMENDED COMPLAINT deemed led in State Court on 1/3/2012. See 1 at
EX C pg 92.(PSM) (Entered: 10/08/2014)
10/08/2014 Third Party COMPLAINT deemed led in state court on 10/7/2013. See 1 at EX A
pg 2. (PSM) (Entered: 10/08/2014)
10/08/2014 Third Party's Motion to Sever deemed led in state court on 12/9/2013. See 1 at EX
A pg 13. (PSM) (Entered: 10/08/2014)
10/08/2014 ORDER granting motion to sever deemed led in state court on 10/7/2014. See 1 at
EX A pg 38. (PSM) (Entered: 10/08/2014)
10/08/2014 3 NOTICE REGARDING CONSENT (PSM) (Entered: 10/08/2014)
10/10/2014 4 UNIFORM INITIAL ORDER - with appendices attached; Signed by Magistrate
Judge John E Ott on 10/10/2014. (BST, ) (Entered: 10/10/2014)
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10/14/2014 5 MOTION for Extension of Time to File Response/Reply as to Notice (Other)
Unopposed Motion to Extend Deadline for Response to Complaint by Westchester
Fire Insurance Company. (Hudson, Candace) (Entered: 10/14/2014)
10/14/2014 6 TEXT ORDER granting 5 Motion to Extend Deadline for Response to Complaint.
Defendant's response is due by November 13, 2014. Signed by Magistrate Judge
John E. Ott on 10/14/2014. (WDJ) (Entered: 10/14/2014)
10/14/2014 7 TEXT ORDER OF RECUSAL. The undersigned Magistrate Judge previously
mediated the underlying dispute in this matter. Accordingly, he hereby recuses
himself from this case and directs the clerk to reassign the case to another randomly
selected judge. Signed by Magistrate Judge John E. Ott on 10/14/2014. (WDJ)
(Entered: 10/14/2014)
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