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Depositors Insurance Company v. Hamilton Beach/Proctor-Silex, Inc.

Plaintiff: Depositors Insurance Company
Defendant: Hamilton Beach/Proctor-Silex, Inc.
 
Case Number: 3:2008cv00125
Filed: February 22, 2008
 
Court: Illinois Southern District Court
Office: East St. Louis Office [ Court Info ]
County: Madison
Presiding Judge: Chief Judge David R Herndon
Presiding Judge: Judge William D. Stiehl
Referring Judge: Magistrate Judge Donald G. Wilkerson
 
Nature of Suit: Torts - Property - Property Damage Product Liability
Cause: 28:1332 Diversity-Product Liability
Jurisdiction: Diversity
Jury Demanded By: Both
 

Docket Report

We have record of the following docket entries for this case.
Date Filed#Document Text
February 22, 20081Case Opened. Filing fee paid $ 350.00, Receipt Number 34625004303. Documents may now be electronically filed. Case number 08-125-WDS must be placed on all documents prior to filing them electronically. (Attachments: # 1 Notice to Consent by Magistrate Judge)(dkd )
February 25, 20082NOTICE by Hamilton Beach/Proctor-Silex, Inc. re 1 Case Opened, Notice of Filing Notice of Removal (Thomas, William)
February 25, 20083NOTICE OF REMOVAL by Hamilton Beach/Proctor-Silex, Inc. from Madison County, case number 08L37. ( Filing fee $ 350) (Attachments: # 1 Attachment 1-Complaint, # 2 Civil Cover Sheet Attachment 2)(Thomas, William)
February 25, 20084MOTION for More Definite Statement by Hamilton Beach/Proctor-Silex, Inc.. (Thomas, William)
March 3, 20086Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Stuart M. Brody for Depositors Insurance Company. $100.00 fee paid,receipt number 34625004495 (tkm )
March 5, 20085ENTRY STRICKEN: RESPONSE to the Defendant's Demand for Bill of Particulars filed by Depositors Insurance Company. (Brody, Stuart)
March 6, 20087NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 5 Response filed by Depositors Insurance Company. See attached document for specifics (trb)
March 10, 20088RESPONSE To the Defendant's Demand for Bill of Particulars filed by Depositors Insurance Company. (Brody, Stuart)
March 12, 20089ANSWER to Complaint by Hamilton Beach/Proctor-Silex, Inc..(Thomas, William)
March 17, 200810Court Opinion or Order ORDER OF RECUSAL. Judge William D. Stiehl recused. Case reassigned to Chief Judge David R. Herndon for all further proceedings. Signed by Judge William D. Stiehl on 03/17/08. (jkb)
March 19, 200811ANSWER TO AFFIRMATIVE DEFENSES re 9 by Depositors Insurance Company. (Brody, Stuart)
March 20, 200812CJRA TRACK B assigned: Jury Trial set for presumptive month of April 2009 in East St. Louis Court House before Chief Judge David R Herndon. (pab )
March 26, 200813RETURN OF SERVICE EXECUTED by Depositors Insurance Company on February 11, 2008. (Zittel, Matthew)
April 4, 200814Court Opinion or Order ORDER denying 4 MOTION for More Definite Statement filed by Hamilton Beach/Proctor-Silex, Inc. Signed by Magistrate Judge Donald G. Wilkerson on 4/4/2008. (hbs)
June 11, 200815MOTION for Order to Set a Scheduling and Discovery Conference by Depositors Insurance Company. (Brody, Stuart)
June 11, 200816NOTICE by Depositors Insurance Company re 15 MOTION for Order to Set a Scheduling and Discovery Conference (Brody, Stuart)
June 12, 200817NOTICE OF ERRORS AND/OR DEFICIENCIES re 16 Notice (Other) filed by Depositors Insurance Company, 15 Motion for Order filed by Depositors Insurance Company. See attached document for specifics (trb)
June 17, 200818Court Opinion or Order ORDER granting 15 Motion for Order to set a scheduling and discovery conference. Signed by Magistrate Judge Donald G. Wilkerson on 6/17/2008. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 17, 200819NOTICE TO COUNSEL: Telephonic Scheduling/Discovery Conference set for 7/21/2008 at 1:30 PM in East St. Louis Court House before Magistrate Judge Donald G. Wilkerson. (jmp)
July 21, 200820MOTION to Continue by Hamilton Beach/Proctor-Silex, Inc.. (Thomas, William)
July 21, 200821Minute Entry for Telephonic Scheduling/Discovery Conference held on 7/21/2008 before Magistrate Judge Donald G. Wilkerson. Scheduling orders to issue. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 21, 200822Court Opinion or Order ORDER granting 20 Motion to Continue. Signed by Magistrate Judge Donald G. Wilkerson on 7/21/2008. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 21, 200823Court Opinion or Order ORDER: Jury Trial is RESET for the presumptive trial month of October 2009. Signed by Magistrate Judge Donald G. Wilkerson on 7/21/2008. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 23, 200824Court Opinion or Order SCHEDULING ORDER: Discovery due by 3/31/2009. Dispositive Motions due by 4/30/2009. Signed by Magistrate Judge Donald G. Wilkerson on 7/21/2008. (jmp)
July 23, 200825Court Opinion or Order ORDER AND NOTICE OF SETTLEMENT CONFERENCE: Settlement Conference set for 2/26/2009 at 9:00 AM in East St. Louis Court House before Magistrate Judge Donald G. Wilkerson. (jmp)
July 23, 200826Court Opinion or Order ORDER REGARDING DISCOVERY. Signed by Magistrate Judge Donald G. Wilkerson on July 21, 2008. (jmp)
October 14, 200827Court Opinion or Order ORDER for Plaintiff and Defendant to each file their Rule 7.1 disclosure statement by 10/24/2008. Signed by Chief Judge David R Herndon on 10/14/2008. (seg)
October 14, 2008 Set/Reset Deadlines: Action due by 10/24/2008. (trb)
October 23, 200828Corporate Disclosure Statement by Depositors Insurance Company. (Brody, Stuart)
October 24, 200829Corporate Disclosure Statement by Hamilton Beach/Proctor-Silex, Inc.. (Thomas, William)
November 7, 200830MOTION for Protective Order of Confidentiality by Hamilton Beach/Proctor-Silex, Inc.. (Thomas, William)
February 10, 200931Court Opinion or Order ORDER: Based upon the representation of the parties that settlement negotiations would not be fruitful at this point in the litigation, the Settlement Conference set for 2/26/2009 is CANCELED and RESET for for 4/21/2009 at 9:00 AM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 2/10/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 5, 200932Entry Stricken per order at doc #39 MOTION to Compel by Depositors Insurance Company. (Attachments: # 1 Exhibit A)(Brody, Stuart)
March 5, 200933NOTICE/ Certificate of Service by Depositors Insurance Company re 32 MOTION to Compel (Brody, Stuart)
March 6, 200934NOTICE OF ERRORS AND/OR DEFICIENCIES re 32 Motion to Compel filed by Depositors Insurance Company. See attached document for specifics (trb)
March 9, 200935Stricken per order at doc #40 MOTION to Compel by Hamilton Beach/Proctor-Silex, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Thomas, William)
March 13, 200936RESPONSE in Opposition re 32 MOTION to Compel filed by Hamilton Beach/Proctor-Silex, Inc.. (Attachments: # 1 Exhibit Ptf's Supp RFP to Def, # 2 Exhibit Def's Objs to Ptfs' Supp RFP, # 3 Exhibit Toaster Model 22625, # 4 Exhibit Toster Model 24203, # 5 Exhibit HB Toasters)(Thomas, William)
March 18, 200937RESPONSE in Opposition re 35 MOTION to Compel filed by Depositors Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Brody, Stuart)
March 19, 200938REPLY to Response to Motion re 32 MOTION to Compel filed by Depositors Insurance Company. (Brody, Stuart)
March 23, 200939Court Opinion or Order ORDER striking 32 Motion to Compel. Parties shall refer to the Court's Order Regarding Discovery 26 for proper procedures for resolving discovery disputes. Signed by Magistrate Judge Donald G. Wilkerson on 3/23/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 23, 200940Court Opinion or Order ORDER striking 35 Motion to Compel. Parties shall refer to the Court's Order Regarding Discovery 26 for proper procedures for resolving discovery disputes. Signed by Magistrate Judge Donald G. Wilkerson on 3/23/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 25, 200941Court Opinion or Order ORDER: A Telephonic Discovery Dispute Conference is set for 4/2/2009 at 3:00 PM before Magistrate Judge Donald G. Wilkerson. Plaintiff shall initiate conference call to the Court's teleconference line: 618/482-9004. Signed by Magistrate Judge Donald G. Wilkerson on 3/25/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 2, 200942Minute Entry for Telephonic Discovery Dispute Conference held before Magistrate Judge Donald G. Wilkerson on 4/2/2009. Stuart M. Brody appeared by phone for Plaintiff; William S. Thomas appeared by phone for Defendant. The Defendant shall produce no later than May 1, 2009, Circuit Diagrams/Schematic Diagrams of the Printed Circuit Boards for Hamilton Beach Toaster Model Nos. 22625, 24203, and 24205. All documents produced are subject to the protective order of the parties. The Parties informed the Court that they will resolve other discovery disputes without Court intervention. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 2, 200943Court Opinion or Order ORDER: Settlement Conference set for 4/21/2009 is CANCELED and RESET for 6/3/2009 at 9:00 AM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 4/2/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 29, 200944MOTION for Partial Summary Judgment On Count II of Plaintiff's Complaint by Hamilton Beach/Proctor-Silex, Inc.. Responses due by 6/1/2009 (Thomas, William)
April 29, 200945STIPULATION re 44 MOTION for Partial Summary Judgment On Count II of Plaintiff's Complaint by Hamilton Beach/Proctor-Silex, Inc.. (Attachments: # 1 Exhibit 1-deposition of Melissa Unger, # 2 Exhibit 2-deposition of Michael Unger, # 3 Exhibit 3-Guide)(Thomas, William)
April 29, 200946MEMORANDUM in Support re 44 MOTION for Partial Summary Judgment On Count II of Plaintiff's Complaint filed by Hamilton Beach/Proctor-Silex, Inc.. (Thomas, William)
May 7, 200947MOTION for Extension of Time by Depositors Insurance Company. (Brody, Stuart)
May 20, 200948MOTION for Extension of Time by Depositors Insurance Company. (Attachments: # 1 Exhibit 1-Deleted see Notice of Errors)(Brody, Stuart)
May 22, 200949NOTICE OF ERRORS AND/OR DEFICIENCIES re 48 Motion for Extension of Time filed by Depositors Insurance Company. See attached document for specifics (trb)
May 26, 200950Court Opinion or Order ORDER granting 47 Motion for Extension of Time; granting 48 Motion for Extension of Time. Amended Scheduling Order to issue. Signed by Magistrate Judge Donald G. Wilkerson on 5/26/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 26, 200951Court Opinion or Order AMENDED SCHEDULING ORDER. Discovery due by 8/7/2009. Dispositive Motions due by 8/21/2009. Jury Trial is RESET for the presumptive trial month of December 2009. Signed by Magistrate Judge Donald G. Wilkerson on 5/26/2009. (hbs)
June 4, 200952Court Opinion or Order ORDER. Plaintiff's response deadline for 44 MOTION for Partial Summary Judgment is extended to 8/21/2009. Signed by Magistrate Judge Donald G. Wilkerson on 6/4/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 5, 200953Court Opinion or Order ORDER denying without prejudice 30 Motion for Protective Order. Signed by Magistrate Judge Donald G. Wilkerson on 6/5/2009. (hbs)
October 20, 200954Court Opinion or Order ORDER. Telephonic Status Conference set for 10/20/2009 at 3:00 PM before Magistrate Judge Donald G. Wilkerson. Plaintiff shall initiate call to the Court's teleconference line: 618/482-9004. Signed by Magistrate Judge Donald G. Wilkerson on 10/20/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 20, 200955Minute Entry for Telephonic Status Conference held on 10/20/2009 before Magistrate Judge Donald G. Wilkerson. Stuart M. Brody appeared by phone on behalf of Plaintiff Depositors Insurance Company; William S. Thomas appeared by phone on behalf of Defendant Hamilton Beach/Proctor-Silex, Inc. Plaintiff is directed to file notice with the Court by 11/3/2009, that it does not contest the Defendants Motion for Partial Summary Judgment 44 . Amended Scheduling Order to issue. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 21, 200956Court Opinion or Order AMENDED SCHEDULING ORDER: Discovery due by 12/20/2009. Jury Trial RESET for the presumptive month of April 2010 before Chief Judge David R. Herndon. The Settlement Conference is RECONVENED for 11/17/2009 at 9:00 AM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 10/21/2009. (hbs)
November 10, 200957NOTICE TO COUNSEL: The settlement conference set for November 17, 2009 is CANCELED. The Court will hold a telephonic STATUS CONFERENCE on November 17, 2009 at 10:00 a.m. in the East St. Louis Courthouse before United States Magistrate Judge Donald G. Wilkerson. Counsel for Plaintiff is responsible for initiating conference call to all parties before calling the Court's conference line: 618-482-9004. Signed by Magistrate Judge Donald G. Wilkerson on 11/10/2009. (klb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 10, 200958Court Opinion or Order ORDER: The status conference set for November 17, 2009 at 10:00 a.m. is RESET for November 17, 2009 at 10:30 a.m. Signed by Magistrate Judge Donald G. Wilkerson on 11/10/2009. (klb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 17, 200959Minute Entry for Telephonic Status Conference held before Magistrate Judge Donald G. Wilkerson on 11/17/2009. Stuart M. Brody appeared by phone on behalf of Plaintiff Depositors Insurance Company; William S. Thomas appeared by phone on behalf of Defendant Hamilton Beach/Proctor-Silex. Settlement discussed. Telephonic Status Conference continued set for 11/24/2009 at 2:00 PM before Magistrate Judge Donald G. Wilkerson. Plaintiff Depositors Insurance Company shall initiate call to the Court's teleconference line: 618/482-9004. Parties shall contact the Court if continued settlement discussions become unnecessary. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 24, 200960Status Conference scheduled for 11/24/2009 is CANCELLED. Parties have notified the Court they have come to a settlement agreement. 60 day order to issue. (jmp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 24, 200961Court Opinion or Order DOCKET ENTRY STRICKEN - 60 DAY ORDER (Responses due by 3/1/2010). Signed by Magistrate Judge Donald G. Wilkerson on 11/24/2009. (jmp) Modified on 11/24/2009 (jmp).
November 24, 200962NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 61 60 Day Order. Order inadvertently entered by Magistrate Judge. District Judge will enter the 60 day order.(jmp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 30, 200963Court Opinion or Order 60 DAY ORDER advising that case has settled. Responses due by 1/29/2010. Signed by Chief Judge David R. Herndon on 11/30/09. (skp)
January 22, 201064STIPULATION of Dismissal by Hamilton Beach/Proctor-Silex, Inc.. (Thomas, William)
January 26, 201065NOTICE OF ERRORS AND/OR DEFICIENCIES re 64 Stipulation of Dismissal filed by Hamilton Beach/Proctor-Silex, Inc.. See attached document for specifics (trb)
January 26, 201066Court Opinion or Order ORDER ACKNOWLEDGING 64 Parties' Stipulation of Dismissal. Accordingly, this case is hereby DISMISSED WITH PREJUDICE, each Party to bear their own costs and fees. Signed by Chief Judge David R. Herndon on 01/25/2010. (seg)
January 29, 201067CLERK'S JUDGMENT dismissing case with prejudice. Approved by Chief Judge David R. Herndon on 1/28/10. (skp)
Docket Report Last Updated: May 25, 2010 20:47:15 PDT

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Plaintiff: Depositors Insurance Company
Represented By: Matthew C. Zittel
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Defendant: Hamilton Beach/Proctor-Silex, Inc.
Represented By: William S Thomas
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