CM/ECF LIVE - U.S. District Court:oknd https://ecf.oknd.uscourts.gov/cgi-bin/DktRpt.pl?119178528218...

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 Date Filed: 11/23/2010

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
Plaintiff
St Paul Surplus Lines Insurance
Company
Jury Demand: None
Nature of Suit: 110 Insurance
Jurisdiction: Diversity
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
ATTORNEY TO BE NOTICED

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
ATTORNEY TO BE NOTICED

Plaintiff
Petroquest Energy LLC represented by Michael G Lemoine
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Carmen M Rodriguez
(See above for address)
ATTORNEY TO BE NOTICED

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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
ATTORNEY TO BE NOTICED

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)

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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

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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)

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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

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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

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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)

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