ALS District Version 4.0.3 Live https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?2142835604062...

DISCSTAYED, R&R, R16MLD

U.S. District Court

Southern District of Alabama (Mobile)
CIVIL DOCKET FOR CASE #: 1:09-cv-00633-CG-B

Category 5 Management Group, LLC v. National Casualty Date Filed: 09/28/2009

Insurance Company et al Jury Demand: None
Assigned to: Judge Callie V. S. Granade Nature of Suit: 110 Insurance
Referred to: Magistrate Judge Sonja F. Bivins Jurisdiction: Diversity
Cause: 28:1332 Diversity-Breach of Contract
Plaintiff
Category 5 Management Group, LLC represented by Charles J. Potts
Briskman & Binion, P.C.
P. O. Box 43
Mobile, AL 36601
251-433-7600
Fax: 251-433-4485
Email: cpotts@briskman-binion.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kevin F. Masterson
Masterson & Newell, L.L.C.
P. O. Box 2067
Mobile, AL 36652
251-441-9955
Fax: 251-441-9984
Email:
kmasterson@mastersonnewell.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Matthew B. Hall
3 North Royal St., Suite 200
Mobile, AL 36602
251-441-9955
Email: mhall@mastersonnewell.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.

1 of 7 6/4/10 2:39 PM
ALS District Version 4.0.3 Live https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?2142835604062...

Defendant
National Casualty Insurance represented by Edgar M. Elliott , IV
Company Christian & Small LLP
505 20th Street North, Suite 1800
Birmingham, AL 35203-2696
205-795-6588
Email: emelliott@csattorneys.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John W. Johnson , II
Christian & Small LLP
505 20th Street North, Suite 1800
Birmingham, AL 35203-2696
Email: jwjohnson@csattorneys.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
ACE American Insurance Company
represented by M. Warren Butler
Starnes Davis Florie LLP
P. O. Box 1548
Mobile, AL 36633-1548
251-433-6049
Fax: 251-433-5901
Email: wbutler@starneslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael Thomas Scivley

100 Brookwood Place, 7th Floor
Birmingham, AL 35209
205-251-1193
Email: mscivley@starneslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Rik Stanford Tozzi

Burr & Forman LLP
420 North 20th Street
3400 Wachovia Tower
Birmingham, AL 35203
(205) 251-3000
Email: rtozzi@burr.com

2 of 7 6/4/10 2:39 PM
ALS District Version 4.0.3 Live https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?2142835604062...

LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Scott M. Salter
Starnes & Atchison, LLP
P. O. Box 598512
Birmingham, AL 35259
(205) 868-6000
Email: sms@starneslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Colonel McCrary Trucking, Inc. represented by Cooper C. Thurber
Lyons, Pipes & Cook
P.O. Box 2727
Mobile, AL 36652
251-432-4481
Fax: 2514331820
Email: Cooper.Thurber@lpclaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jordan W Gerheim
Lyons, Pipes & Cook
P.O. Box 2727
Mobile, AL 36652
251-432-4481
Email: jordan.gerheim@lpclaw.com
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

09/28/2009 1 NOTICE OF REMOVAL by National Casualty Insurance Company from
Circuit Court of Mobile County, Alabama, case number CV - 2007 -
900950.00. ( Filing fee $ 350, Receipt number 11280000000000838351,
Online Credit Card Payment.), filed by National Casualty Insurance
Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9
Exhibit I, # 10 Exhibit J) (Johnson, John) (Additional attachment(s) added on
9/29/2009: # 11 Civil Cover Sheet) (mjn, ). (Entered: 09/28/2009)
09/28/2009 2 Miscellaneous Document re: 1 Notice of Removal, Exhibit K(1). (Johnson,
John) (Entered: 09/28/2009)

3 of 7 6/4/10 2:39 PM
ALS District Version 4.0.3 Live https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?2142835604062...

09/28/2009 3 Miscellaneous Document re: 1 Notice of Removal, Exhibit K(2). (Johnson,

John) (Entered: 09/28/2009)
09/28/2009 4 Miscellaneous Document re: 1 Notice of Removal, Exhibit K(3). (Johnson,
John) (Entered: 09/28/2009)
09/28/2009 5 Miscellaneous Document re: 1 Notice of Removal, Exhibit K(4). (Johnson,
John) (Entered: 09/28/2009)
09/28/2009 6 Corporate Disclosure Statement filed by Defendant National Casualty
Insurance Company. (Johnson, John) (Entered: 09/28/2009)
09/28/2009 7 Corporate Disclosure Statement filed by Defendant Colonel McCrary
Trucking, Inc.. (Thurber, Cooper) (Entered: 09/28/2009)
09/28/2009 8 Corporate Disclosure Statement filed by Defendant ACE American Insurance
Company. (Scivley, Michael) (Entered: 09/28/2009)
09/28/2009 9 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (1 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 10 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (2 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 11 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (3 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 12 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (4 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 13 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (5 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 14 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (6 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 15 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (7 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 16 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (8 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 17 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (9 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 18 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (10 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 19 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (11 of 30) (Johnson, John) (Entered: 09/28/2009)

4 of 7 6/4/10 2:39 PM
ALS District Version 4.0.3 Live https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?2142835604062...

09/28/2009 20 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,

of filing state court file (12 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 21 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (13 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 22 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (14 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 23 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (15 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 24 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (16 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 25 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (17 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 26 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (18 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 27 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (19 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 28 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (20 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 29 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (21 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 30 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (22 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 31 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (23 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 32 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (24 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 33 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (25 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 34 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (26 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 35 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (27 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 36 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (28 of 30) (Johnson, John) (Entered: 09/28/2009)

5 of 7 6/4/10 2:39 PM
ALS District Version 4.0.3 Live https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?2142835604062...

09/28/2009 37 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,

of filing state court file (29 of 30) (Johnson, John) (Entered: 09/28/2009)
09/28/2009 38 NOTICE by National Casualty Insurance Company re 1 Notice of Removal,
of filing state court file (30 of 30) (Johnson, John) (Entered: 09/28/2009)
09/29/2009 39 Documents endorsed NOTED by Magistrate Judge Sonja F. Bivins:
Corporate Disclosure Statement (Doc. 6), filed by National Casualty
Insurance Company, Corporate Disclosure Statement (Doc. 7), filed by
Colonel McCrary Trucking, Inc., and Corporate Disclosure Statement (Doc.
8), filed by ACE American Insurance Company. (Bivins, Sonja) (Entered:
09/29/2009)
09/29/2009 40 NOTICE of Appearance by Jordan W Gerheim on behalf of Colonel
McCrary Trucking, Inc. (Gerheim, Jordan) (Entered: 09/29/2009)
10/01/2009 41 Notice of Assignment to Magistrate Judge for trial. Consent Form due by
11/16/2009. (Attachments: # 1 consent to jurisdiction) (mjn, ) (Entered:
10/01/2009)
10/01/2009 42 PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report
due by 11/16/2009.. Signed by Magistrate Judge Sonja F. Bivins on 10/1/09.
(mjn, ) (Entered: 10/01/2009)
10/23/2009 43 MOTION to Remand by Category 5 Management Group, LLC. (Potts,
Charles) (Entered: 10/23/2009)
10/26/2009 44 Order Setting Motion Deadline re: 43 MOTION to Remand filed by
Category 5 Management Group, LLC that defendants are directed to file a
response on or before November 9, 2009; Any reply by Plaintiff should be
filed nlt November 16, 2009; Responses due by 11/9/2009 Replies due by
11/16/2009. Signed by Magistrate Judge Sonja F. Bivins on 10/26/09. (mjn, )
(Entered: 10/26/2009)
11/09/2009 45 RESPONSE in Opposition re 43 MOTION to Remand filed by Colonel
McCrary Trucking, Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit
Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit
E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)
(Gerheim, Jordan) (Entered: 11/09/2009)
11/09/2009 46 RESPONSE in Opposition re 43 MOTION to Remand filed by National
Casualty Insurance Company, ACE American Insurance Company.
(Attachments: # 1 Exhibit A, # 2 Exhibit B) (Elliott, Edgar) (Entered:
11/09/2009)
11/09/2009 47 NOTICE of Filing Exhibits NOTICE OF CLARIFICATION OF EXHIBIT
LETTERS AND FILING OF SUPPLEMENTAL EXHIBITS IN SUPPORT OF
OPPOSITION TO MOTION TO REMAND by National Casualty Insurance
Company, ACE American Insurance Company re: 43 MOTION to

6 of 7 6/4/10 2:39 PM
ALS District Version 4.0.3 Live https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?2142835604062...

Remand, 46 Response in Opposition to Motion (Attachments: # 1 Exhibit C -

Ceres/CMT Notice of Removal, # 2 Exhibit D (December 19, 2007 Order of
Remand), # 3 Exhibit E (July 11, 2008 Order of Remand)) (Salter, Scott)
(Entered: 11/09/2009)
11/12/2009 48 MOTION for Extension of Time to File Response to District Judges Order as
to 42 Preliminary Scheduling Order, MOTION for Extension of Time to
Complete Discovery, Joint MOTION for Extension of Time to File Rule
26(f) Report by ACE American Insurance Company. (Salter, Scott) (Entered:
11/12/2009)
11/12/2009 49 ORDER granting 48 Motion for Extension of Time to File Response to
District Judge Order; granting 48 Motion for Extension of Time to Complete
Discovery; granting 48 Motion for Extension of Time to File Rule 26(f)
meeting; Following a ruling on Plaintiff's motion to remand, a new deadline
for the parties' Rule 26(f) planning meeting will be established; Signed by
Magistrate Judge Sonja F. Bivins on 11/12/09. (mjn, ) (Entered: 11/13/2009)
11/16/2009 50 RESPONSE in Opposition re 43 MOTION to Remand filed by Category
5 Management Group, LLC. (Potts, Charles) (Entered: 11/16/2009)
11/18/2009 51 This action has been transferred from the docket of Magistrate Judge Sonja F.
Bivins and is now assigned to the docket of Senior Judge Charles R. Butler,
Jr. To ensure that your pleadings are referred to the proper Judge and
Magistrate Judge with as little delay as possible, please use the letter suffix
CB-B after the case number on all future pleadings. (mjn, ) (Entered:
11/18/2009)
11/19/2009 Case Reassigned to Chief Judge Callie V. S. Granade. Senior Judge Charles
R. Butler, Jr. no longer assigned to the case. (adk) (Entered: 11/19/2009)
11/19/2009 52 Documents endorsed NOTED by Chief Judge Callie V. S. Granade:
Corporate Disclosure Statement 6 filed by National Casualty Insurance
Company, Corporate Disclosure Statement 7 filed by Colonel McCrary
Trucking, Inc., Corporate Disclosure Statement 8 filed by ACE American
Insurance Company (jts) (Entered: 11/19/2009)
05/20/2010 53 REPORT AND RECOMMENDATION that 43 MOTION to Remand
filed by Category 5 Management Group, LLC be DENIED. Objections to
R&R due by 6/3/2010. Signed by Magistrate Judge Sonja F. Bivins on
05/19/2010. (mab) (Entered: 05/21/2010)

7 of 7 6/4/10 2:39 PM