The Cigar Box LLC v. Houston Specialty Insurance Company
| Oklahoma Western District Court | |
| Judge: | Joe Heaton |
| Case #: | 5:24-cv-00129 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Insurance Contract |
| Case Filed: | Feb 05, 2024 |
| Terminated: | Feb 04, 2025 |
| Case in other court: | Oklahoma County District Court, CJ-23-07270 |
| Last checked: Saturday Aug 03, 2024 4:42 AM CDT |
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Defendant
Houston Specialty Insurance Company
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Represented By
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Plaintiff
The Cigar Box LLC
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Represented By
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| Docket last updated: 3 hours ago |
| Wednesday, March 05, 2025 | ||
| 33 | 33
appeal
USCA Case Number
Wed 03/05 10:32 AM
Tenth Circuit USCA Case Number 25-6027 for31 Notice of Appeal filed by The Cigar Box LLC. Civil case docketed. Preliminary record filed. DATE RECEIVED: 03/05/2025. Notice of appearance, Docketing statement, Disclosure statement and Transcript order form due 03/19/2025 for The Cigar Box, LLC. Notice of appearance and Disclosure statement due on 03/19/2025 for Houston Specialty Insurance Company. 25-6027 (rp) |
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appeal
Preliminary Record Letter - Tenth Circuit
Wed 03/05 9:25 AM
PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re31 Notice of Appeal(rp) |
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Att: 1
Attachment 1 - Preliminary Record on Appeal
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| Tuesday, March 04, 2025 | ||
| 31 | 31
appeal
Notice of Appeal
Tue 03/04 7:03 PM
NOTICE OF APPEAL as to29 Order on Motion for Summary Judgment,,, by The Cigar Box LLC. Filing fee $ 605, receipt number AOKWDC-4643582. (Travis, Rex) |
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| Tuesday, February 04, 2025 | ||
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order
Judgment
Tue 02/04 11:04 AM
JUDGMENT in accordance with order29 entered this date, judgment is entered in favor of defendant Houston Specialty Insurance Company and against plaintiff The Cigar Box, LLC d/b/a The Cigar Box. Signed by Judge Joe Heaton on 02/04/2025. (lam) |
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7
pgs
order
Order on Motion for Summary Judgment
Tue 02/04 11:00 AM
ORDER for the reasons stated in the order the court grants15 HSIC's motion for summary judgment and denied16 Cigar Box's motion for summary judgment. Judgment will be entered in favor of HSIC. Signed by Judge Joe Heaton on 02/04/2025. (lam) |
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| Monday, November 25, 2024 | ||
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respm
Reply
Mon 11/25 3:17 PM
REPLY by Plaintiff The Cigar Box LLC re27 Reply to Response to Motion,17 Reply to Response to Motion, filed by The Cigar Box LLC.(Travis, Rex) |
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Att: 1
Exhibit Affidavit of Kimberly Hurt,
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Att: 2
Exhibit Affidavit of Russell Hurt
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| Monday, November 18, 2024 | ||
| 27 | 27
respm
Reply to Response to Motion
Mon 11/18 11:41 AM
REPLY to Response to Motion re16 MOTION for Summary Judgment AND RESPONSE TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT filed by Houston Specialty Insurance Company. (Schuelke, Kasi) |
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| Thursday, November 14, 2024 | ||
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1
pgs
order
Order on Motion for Leave to
Thu 11/14 1:17 PM
ORDER granting25 defendant's unopposed motion for leave. Defendant's combined reply brief to plaintiff's response to its motion for summary judgment may exceed 10 pages in length. Signed by Judge Joe Heaton on 11/14/2024. (lam) |
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| Wednesday, November 13, 2024 | ||
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motion
Leave
Wed 11/13 9:24 AM
MOTION for Leave TO FILE ITS RESPONSIVE BRIEF TO PLAINTIFFS RESPONSE TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT OF THE RESPONSE AND PLAINTIFFS MOTION FOR SUMMARY JUDGMENT by All Defendants.(McCaleb, Stephen) |
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Att: 1
Exhibit 1
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| Thursday, October 31, 2024 | ||
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1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Thu 10/31 4:33 PM
ENTER ORDER granting23 defendant's second unopposed motion for extension of time. Defendant shall file its reply to plaintiff's response to its motion for summary judgment not later than 11/18/2024. Signed by Judge Joe Heaton on 10/31/2024. (lam) |
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| Wednesday, October 30, 2024 | ||
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motion
Extension of Time to File Response/Reply
Wed 10/30 3:32 PM
SECOND MOTION for Extension of Time to File Response/Reply TO PLAINTIFFS RESPONSE TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT by Houston Specialty Insurance Company.(McCaleb, Stephen) |
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Att: 1
Exhibit Exhibit A - Proposed Order
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order
Order ~Util - Terminate Motions 1 - Terminate Hearings
Wed 10/30 1:55 PM
ORDER granting21 the parties' joint motion to strike the 12/2024 trial setting. The 12/2024 trial setting is STRICKEN to be reset if necessary upon resolution of the pending motions for summary judgment15 and16 . Signed by Judge Joe Heaton on 10/30/2024. (lam) |
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| Thursday, October 24, 2024 | ||
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misc
Brief
Thu 10/24 7:04 PM
BRIEF IN SUPPORT re20 Scheduling Order, Joint Application to Strike Jury Trial by The Cigar Box LLC. (Travis, Rex) |
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| Tuesday, October 22, 2024 | ||
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order
Scheduling Order
Tue 10/22 9:27 AM
AMENDED SCHEDULING ORDER: Motions in limine due 11/15/2024; Jury instructions due 11/15/2024; Voir dire requests due 11/15/2024; Trial briefs due 11/15/2024; Discovery due by 9/1/2024. Jury Trial set on the court's 12/2024 trial docket in Courtroom 501 before Judge Joe Heaton. Motions due by 9/15/2024. Pretrial Report due by 11/15/2024. Signed by Judge Joe Heaton on 10/22/2024. (lam) |
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pgs
order
Order on Motion for Extension of Time to File Response/Reply
Tue 10/22 9:23 AM
ENTER ORDER granting18 defendant's unopposed motion for extension of deadline. Defendant shall file its reply to plaintiff's response to its motion for summary judgment not later than 11/04/2024. The scheduling order previously entered 03/07/2024, inadvertently set this case for trial in 12/2025 rather than 12/2024 as intended. The scheduling order is deemed amended to reflect a 2024 trial setting. Signed by Judge Joe Heaton on 10/22/2024. (lam) |
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| Thursday, October 17, 2024 | ||
| 18 | 18
motion
Extension of Time to File Response/Reply
Thu 10/17 2:24 PM
UNOPPOSED MOTION for Extension of Time to File Response/Reply to Plaintiff's Response to Defendant's Motion for Summary Judgment by Houston Specialty Insurance Company.(Schuelke, Kasi) |
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Att: 1
Attachment Proposed Order
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| Monday, October 14, 2024 | ||
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respm
Reply to Response to Motion
Mon 10/14 6:38 PM
REPLY to Response to Motion re15 MOTION for Summary Judgment filed by The Cigar Box LLC.(Travis, Rex) |
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Att: 1
Exhibit Affidavit of Russell Hurt,
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Att: 2
Exhibit Affidavit of Kimberly Hurt,
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Att: 3
Exhibit 2015 liquor liability binder of insurance and email,
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Att: 4
Exhibit 2019 liquor liability renewal
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| 16 | 16
motion
Summary Judgment
Mon 10/14 6:24 PM
MOTION for Summary Judgment by The Cigar Box LLC. (Travis, Rex) |
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| Monday, September 23, 2024 | ||
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motion
Summary Judgment
Mon 09/23 12:22 PM
MOTION for Summary Judgment by Houston Specialty Insurance Company.(Schuelke, Kasi) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9,
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Att: 10
Exhibit 10,
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Att: 11
Exhibit 11,
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Att: 12
Exhibit 12,
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Att: 13
Exhibit 13,
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Att: 14
Exhibit 14,
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Att: 15
Exhibit 15,
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Att: 16
Exhibit 16,
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Att: 17
Attachment Proposed Order Granting Motion for Summary Judgment
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| Thursday, March 07, 2024 | ||
| 14 | 14
order
Scheduling Order
Thu 03/07 11:52 AM
SCHEDULING ORDER: Motions in limine due 11/15/2025; Jury instructions due 11/15/2025; Voir dire requests due 11/15/2025; Trial briefs due 11/15/2025. Discovery due by 9/1/2025. Jury Trial set for on the court's 12/2025 trial docket in Courtroom 501 before Judge Joe Heaton. Motions due by 9/15/2025. Pretrial Report due by 11/15/2025. Initial Disclosures due 03/20/2024. The court defers determination as to whether this case will be tried as a bench trial or before a jury. Signed by Judge Joe Heaton on 03/07/2024. (lam) |
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| Friday, March 01, 2024 | ||
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1
pgs
order
Order on Motion for Leave to
Fri 03/01 11:43 AM
ORDER granting12 defendant's unopposed motion for leave. Counsel for defendant Kasi G. Schuelke, Esq. may appear at the 03/06/2024 scheduling conference by telephone. Signed by Judge Joe Heaton on 03/01/2024. (lam) |
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| Thursday, February 29, 2024 | ||
| 12 | 12
motion
Leave
Thu 02/29 2:53 PM
UNOPPOSED MOTION for Leave to Appear Telephonically by Houston Specialty Insurance Company. (Sparks, John) |
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| Monday, February 26, 2024 | ||
| 11 | 11
misc
Joint Status Report and Discovery Plan
Mon 02/26 3:53 PM
JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff The Cigar Box LLC. (Travis, Rex) |
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| Tuesday, February 13, 2024 | ||
| 10 | 10
notice
Entry of Appearance
Tue 02/13 12:52 PM
ENTRY of Appearance by Kasi Schuelke on behalf of Houston Specialty Insurance Company (Schuelke, Kasi) |
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| Monday, February 12, 2024 | ||
| 9 | 9
1
pgs
order
Order on Motion to Appear Pro Hac Vice
Mon 02/12 1:17 PM
ORDER granting8 the motion for admission pro hac vice of Kasi G. Schuelke, Esq., to practice before the Western District as counsel for defendant. See order for specifics. Signed by Judge Joe Heaton on 02/12/2024. (lam) |
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| Friday, February 09, 2024 | ||
| 8 | 8
motion
Appear Pro Hac Vice (ONE motion per attorney)
Fri 02/09 3:08 PM
MOTION for Leave to Appear Pro Hac Vice of Kasi G. Schuelke by Houston Specialty Insurance Company.(Sparks, John) |
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Att: 1
Exhibit 1. Request for Admission - PHV
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| Thursday, February 08, 2024 | ||
| 7 | 7
misc
Docket
Thu 02/08 3:01 PM
CIVIL SCHEDULING CONFERENCE DOCKET: Scheduling Conference is set for 03/06/2024 @ 10:50 AM in Chambers (Room 2301) before Judge Joe Heaton. The Joint Status Report and Joint Discovery Plan is due by 02/26/2024. (lam) |
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| Tuesday, February 06, 2024 | ||
| 6 | 6
notice
Entry of Appearance
Tue 02/06 5:08 PM
ENTRY of Appearance by Rex K Travis on behalf of The Cigar Box LLC (Travis, Rex) |
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| 5 | 5
notice
Entry of Appearance
Tue 02/06 3:00 PM
ENTRY of Appearance by James M Love on behalf of The Cigar Box LLC (Love, James) |
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notice
Entry of Appearance
Tue 02/06 1:51 PM
ENTRY of Appearance by Stephen L McCaleb on behalf of Houston Specialty Insurance Company (McCaleb, Stephen) |
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| 3 | 3
notice
Entry of Appearance
Tue 02/06 1:43 PM
ENTRY of Appearance by John H Sparks on behalf of Houston Specialty Insurance Company (Sparks, John) |
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| 2 | 2
1
pgs
order
Order for Response
Tue 02/06 11:57 AM
ENTER ORDER counsel for the parties are directed to file their entries of appearances not later than 02/07/2024. Signed by Judge Joe Heaton on 02/06/2024. (lam) |
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misc
Payment for a Civil Case
Tue 02/06 9:53 AM
PAYMENT FOR A CIVIL CASE Filing fee $ 405, receipt number AOKWDC-4352412. (Sparks, John) |
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| Monday, February 05, 2024 | ||
| 1 | 1
cmp
Notice of Removal
Mon 02/05 3:51 PM
NOTICE OF REMOVAL from Oklahoma County District Court, case number CJ-2023-7270 filed by Houston Specialty Insurance Company.(ekw) |
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Att: 1
Exhibit 1 - 2023-12-29 Petition,
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Att: 2
Exhibit 2 - 2024-01-12 Return of Service,
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Att: 3
Exhibit 3 - 2024-01-05 Notification by OID,
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Att: 4
Exhibit 4 - 2024-01-25 John Sparls EoA,
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Att: 5
Exhibit 5 - 2024-01-25 Kasi Schuelke EoA,
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Att: 6
Exhibit 6 - 2024-01-25 Defendant's Answer Affirmative Defenses to Plaintiffs Petition,
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Att: 7
Exhibit 7 - 2024-01-31 Stephen McCaleb EoA,
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Att: 8
Exhibit 8 - 2024-02-05 CJ-2023-7270 Docket Sheet,
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Att: 9
Exhibit 9 - Notice of Filing Removal (2024-02-05 09.43 CST),
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Att: 10
Civil Cover Sheet
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