Foresight Energy, LLC v. Ace American Insurance Company et al

Docket(#98) MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Court's temporary restraining order is VACATED. (Doc. #17 ). IT IS FURTHER ORDERED that Plaintiff's motion to remand the case to state court is DENIED. (Doc. #57 ). IT IS FURTHER ORDERED that Defendants' motion to dismiss or stay the case is GRANTED in part and DENIED in part. (Doc. #38 ). Defendants' motion to dismiss is DENIED. Plaintiff's claims against the Arbitration Defendants are referred to arbitration pursuant to their respective agreements. In the interim, this case is STAYED and administratively closed pending the conclusion of arbitration. IT IS FURTHER ORDERED that Plaintiff's motion for preliminary injunction is DENIED as moot. (Doc. #68 ). IT IS FURTHER ORDERED that the Argo and Markel Defendants' motion to dismiss for lack of personal jurisdiction is DENIED as moot. (Doc. #35 ). IT IS FINALLY ORDERED that the Clerk of the Court is directed to disburse Plaintiff's surety bond of $100 to Defendants, payable to Ace American Insurance Company, through counsel Sandra Wunderlich. SEE ORDER FOR DETAILS. Signed by District Judge John A. Ross on 3/21/2023. (CLT) (Entered: 03/21/2023)

Docket(#97) Docket Text ORDER: Re: #96 MOTION to Withdraw as Attorney; attorney/firm Benjamin S. McIntosh by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Markel Bermuda LTD., Oil Casualty Insurance LTD; ORDERED GRANTED. (Attorney Benjamin Stephen McIntosh terminated.) Signed by District Judge John A. Ross on 12/21/2022. (LNJ) (Entered: 12/21/2022)

Docket(#96) MOTION to Withdraw as Attorney ;attorney/firm Benjamin S. McIntosh by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Markel Bermuda LTD., Oil Casualty Insurance LTD.. (McIntosh, Benjamin) (Entered: 12/21/2022)

Docket(#95) ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge John A. Ross: Motion Hearing held on 11/15/2022 re #68 MOTION for Preliminary Injunction filed by Foresight Energy, LLC, #35 MOTION to Dismiss for Lack of Jurisdiction filed by Markel Bermuda LTD., Argo RE LTD., #57 MOTION to Remand Case to State Court to Circuit Court for the City of St. Louis, Missouri, 22nd Judicial Circuit filed by Foresight Energy, LLC, #38 MOTION to Dismiss Case and/or Stay for Arbitration filed by Markel Bermuda LTD., Oil Casualty Insurance LTD., Argo RE LTD., Allied World Assurance Company AG, Arch Reinsurance LTD. Arguments heard. The Court takes the motions under submission. Order to issue. (Court Reporter:Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985) (proceedings started: 9:55 am) (proceedings ended: 11:25 am) (Deputy Clerk: L. Jones)(Appearance for Plaintiff: Colin Davis, Alexander Hardiman and Jeffrey Baron)(Appearance for Defendant: Christina Lincoln, William Webster, Sandra Wunderlich, Benjamin McIntosh, Timothy Wolf, Paul Koepff, and Nolan Burkhouse) (LNJ) (Entered: 11/15/2022)

Docket(#94) REPLY to Response to Motion re #35 MOTION to Dismiss for Lack of Jurisdiction REPLY MEMORANDUM IN SUPPORT OF THE ARGO AND MARKEL BERMUDA MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION filed by Defendants Argo RE LTD., Markel Bermuda LTD.. (Attachments: #1 Exhibit Green Declaration ISO Reply Motion to Dismiss, #2 Exhibit Wharton Affirmation ISO Reply Motion to Dismiss)(Wolf, Timothy) (Entered: 10/24/2022)

Docket(#93) MEMORANDUM in Support of Motion re #38 MOTION to Dismiss Case and/or Stay for Arbitration REPLY MEMORANDUM IN SUPPORT OF INTERNATIONAL INSURERS MOTION TO DISMISS AND/OR STAY THIS ACTION filed by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Argo RE LTD., Markel Bermuda LTD., Oil Casualty Insurance LTD.. (Attachments: #1 Exhibit Koepff)(Wolf, Timothy) (Entered: 10/24/2022)

Docket(#92) REPLY to Response to Motion re #68 MOTION for Preliminary Injunction filed by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey) (Entered: 10/24/2022)

Docket(#91) REPLY to Response to Motion re #57 MOTION to Remand Case to State Court to Circuit Court for the City of St. Louis, Missouri, 22nd Judicial Circuit filed by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey) (Entered: 10/24/2022)

Docket(#90) REPLY to Response to Motion re #57 MOTION to Remand Case to State Court to Circuit Court for the City of St. Louis, Missouri, 22nd Judicial Circuit filed by Plaintiff Foresight Energy, LLC. (Baron, Jeffrey) (Entered: 10/24/2022)

Docket(#89) ORDER: IT IS HEREBY ORDERED that Plaintiff's motion is GRANTED (Doc. #87 ), and no further disclosures are required. Signed by District Judge John A. Ross on 10/18/2022. (CLT) (Entered: 10/18/2022)

Docket(#11) ENTRY of Appearance by Mark G. Boyko for Plaintiff Foresight Energy, LLC. (Boyko, Mark) (Entered: 08/24/2022)

Docket(#9) MEMORANDUM in Support of Motion re 8 Emergency EX PARTE MOTION FOR EXTENSION OF TEMPORARY RESTRAINING ORDER filed by Plaintiff Foresight Energy, LLC. (Boyko, Mark) (Entered: 08/24/2022)

Docket(#7) MOTION for Leave to Appear Pro Hac Vice Colin M. Davis. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9471338) by Plaintiff Foresight Energy, LLC. (Attachments: #1 Certificate of Good Standing)(Davis, Colin) (Entered: 08/24/2022)

Docket(#6) MOTION for Leave to Appear Pro Hac Vice Janine M. Stanisz. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9471319) by Plaintiff Foresight Energy, LLC. (Attachments: #1 Certificate of Good Standing)(Stanisz, Janine) (Entered: 08/24/2022)

DocketCase Opening Notification. Judge Assigned: Honorable John A. Ross. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). (JWD) (Entered: 08/24/2022)

Docket(#5) ENTRY of Appearance by Jeffrey Baron for Plaintiff Foresight Energy, LLC (Baron, Jeffrey) (Entered: 08/24/2022)

Docket(#4) TEMPORARY RESTRAINING ORDER. Signed by Judge Joan L. Moriarty of the City of St. Louis Circuit Court on 8/17/2022. (JBH) (Entered: 08/24/2022)

Docket(#3) Petition (Removal/Transfer) Received From: St. Louis City Circuit Court, filed by Foresight Energy, LLC.(JBH) (Entered: 08/24/2022)

Docket(#2) NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Allied World Assurance Company AG, Arch Reinsurance LTD., Market Bermuda LTD., Oil Casualty Insurance LTD. Sent To: Plaintiff (Wolf, Timothy) (Entered: 08/24/2022)

Docket(#1) NOTICE OF REMOVAL from Circuit Court City of St. Louis, Missouri, case number 2222-CC09273, with receipt number AMOEDC-9470197, in the amount of $402 Non-Jury Demand,, filed by Oil Casualty Insurance LTD., Allied World Assurance Company AG, Arch Reinsurance LTD., Market Bermuda LTD.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Original Filing Form Original Filing Form, #3 Exhibit A, #4 Exhibit B)(Wolf, Timothy) (Entered: 08/24/2022)