Valley Boys, Inc. v. State Farm Fire and Casualty Company
Plaintiff: Valley Boys, Inc.
Defendant: State Farm Fire and Casualty Company
Case Number: 8:2014cv00159
Filed: May 29, 2014
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Presiding Judge: F.A. Gossett
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1446 Petition for Removal
Jury Demanded By: Both
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Date Filed Document Text
May 9, 2018 Opinion or Order Filing 112 MEMORANDUM AND ORDER: Intervenor plaintiff Childress's motion for an order for payment (Filing No. 101) is granted. Intervenor plaintiff Childress's motion for a writ of execution (Filing No. 106) is granted. Valley Boys' counsels& #039; motion to allow the Saathoff Law Group and its attorney, Matthew P. Saathoff, and the Merlin Law Group and its attorneys Larry Bache and Philip Sanov to withdraw as counsel (Filing No. 107) is denied. Within two weeks of the date of this or der, Valley Boys and its attorneys, The Merlin Law Group, shall pay to Childress Duffy, Ltd. at 11 W. Illinois, 4th Floor, Chicago, IL 60654, the amount of $70,683.21, plus post judgment interest at the rate of 1.79% from January 22, 20 18 to the date the payment is made, from funds held in escrow on behalf of Childress Duffy, with such funds to be applied to satisfy the judgment entered against Valley Boys in this action. Childress shall file with the court a satisfaction of jud gment or is granted leave to file a Praecipe for Writ of Execution with an attached draft Writ of Execution and the Clerk of Court is authorized to issue a writ of execution on the Garnishee or its authorized agent, Larry Bache, The Merlin Law Gro up, 777 S. Harbour Island Blvd., Suite 950, Tampa, FL 33602, in the amount of $70,683.21 plus post judgment interest at the rate of 1.79% from and after January 22, 2018, should Valley Boys fail to turn over funds in escrow within two weeks of the date of this order. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
December 29, 2017 Opinion or Order Filing 92 ORDER : This matter is before the court on the status report of the Special Master dated August 15, 2016. The court is advised that the above captioned cases between Valley Boys, Inc. and State Farm Insurance Company and State Farm Fire and Casual ty Company have settled. Intervenor Childress Duffy, Ltd.'s action against Valley Boys, Inc. in Case No. 8:14cv159 will proceed to trial. Accordingly, IT IS ORDERED: Valley Boys, Inc.'s action against State Farm Fire and Casualty Compan y, Case No. 8:15cv175, is dismissed with prejudice, the parties to pay their own costs. State Farm Insurance Company is dismissed as a party defendant in Valley Boys, Inc. v. State Farm Insurance Company, Case No. 8:14cv159. The Clerk of Court is directed to correct the caption on the docket accordingly in Case No. 8:14cv159. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
March 28, 2017 Opinion or Order Filing 82 ORDER - The parties are granted until April 24, 2017, to continue discussions to resolve this matter. If such an agreement cannot be reached, the parties shall submit a jointly proposed progression order by April 27, 2017. The proposed progression order should include a statement as to whether mediation with Michael Kinney, Special Master, is appropriate. Any objections to the proposed mediator must be specifically stated. Ordered by Magistrate Judge F.A. Gossett. (KLF)
December 2, 2015 Opinion or Order Filing 62 ORDER that this matter is before the court on the recommendations of the Special Master. The court finds the recommendations should be adopted. The parties shall complete the depositions of Steve Shannon (Valley Boys' representative) and Dan Plucknett (State Farm's representative) by December 31, 2015, subject to the conditions as outlined. Mr. Shannon and Mr. Plucknett are the only two who will be deposed in this phase of discovery. The parties shall provide to the Special Maste r a summary of what they consider to be the highlights or important points in the deposition, with cites to the deposition within two (2) weeks of the conclusion of each deposition. The meeting previously scheduled to occur on January 20, 2016, is postponed to a date to be determined after the Special Master and his consultants have received the remaining deposition testimony summaries. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
November 19, 2015 Opinion or Order Filing 61 ORDER - IT IS ORDERED: On or before December 21, 2015, the parties shall prepare and submit to the Special Master spreadsheets similar to those prepared in the original action, that is, spreadsheets described as (1) "Valley Boys Comparison Spr eadsheet", (2) the "original spreadsheet" (containing 29 columns of claims as prepared by plaintiff), and (3) the "State Farm Claim Analysis Spreadsheet." The depositions of the two party representatives on November 12, 20 15, and November 19, 2015, are limited to the claims contained in the eight (8) claims selected out of the original action; any need for further depositions shall be addressed at a later time. The court reporter is directed to make the November 1 2, 2015 deposition available to the Special Master (condensed copy, 4 to a page, one side) on or before November 20, 2015, and the November 19, 2015, deposition available to the Special Master no later than November 30, 2015. On or before Novembe r 30, 2015, the parties shall provide to the Special Master, on eight (8) separate discs, the pictures they have in their files regarding the eight (8) chosen claims in the original action. The meeting previously scheduled for December 10, 2015, is rescheduled to 9:00 a.m. on Wednesday, January 20, 2016, at the offices of Cassem, Tierney, Adams, Gotch & Douglas, 9290 West Dodge Road, Suite 302, Omaha, Nebraska 68114. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
October 15, 2015 Opinion or Order Filing 60 ORDER - IT IS HEREBY ORDERED: The Amended Scheduling Order (Filing No. 53) is modified as follows: All depositions shall be conducted on or before November 30, 2015; discovery ends on November 30, 2015; the parties shall meet in Omaha, Nebraska, at the offices of the Special Master either in person or by telephone on December 10, 2015. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
August 3, 2015 Opinion or Order Filing 58 PROTECTIVE ORDER. Ordered by Magistrate Judge F.A. Gossett. (TCL )
July 22, 2015 Opinion or Order Filing 55 ORDER - IT IS HEREBY ORDERED: Plaintiff shall produce those documents requested by defendant, and defendant shall produce those documents requested by plaintiff on or before the previously established deadline of July 31, 2015, subject to the ob jections set forth in defendant's "Objections and Responses to Plaintiff's Document Requests. The Objections by defendant to plaintiff's Requests numbered xi through xiv, as well as xxii, xxiii and xxv, are overruled at this ti me, as defendant has expressed a willingness to discuss further if plaintiff believes other documents may be relevant. In the event that future discovery discloses the existence of written documents, memos, emails, etc., other than "Operation Guides," that address areas inquired of by the plaintiff in its Request for Production, the plaintiff will be afforded the opportunity to argue relevancy and produceability of such documents to the Special Master/Court. Ordered by Senior Judge Joseph F. Bataillon. (TCL )
June 15, 2015 Opinion or Order Filing 54 ORDER denying 46 Motion to Strike. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
June 11, 2015 Opinion or Order Filing 53 AMENDED SCHEDULING ORDER - IT IS HEREBY ORDERED that the deadlines are modified as follows: 1. The Claim Summary spreadsheet attached to the Complaint is to be modified and submitted to opposing counsel and the Special Master by July 6, 2015 (in groups of 50 claims on June 22, 2015; 50 claims on June 29, 2015; and 54 claims on July 6, 2015). 2. July 13, 2015 - Both parties will identify the names of five (5) homeowner claims in which they seek to conduct discovery. They will also identify what documents they seek in those five (5) cases from the other party. Lastly, they will identify which (up to) three individuals they wish to depose in each homeowner claim. July 31, 2015 - All documents requested shall be exchanged by this date . 3. August 10, 2015 thru October 26, 2015 - All depositions to be conducted during this time frame. 4. October 26, 2015 - Discovery ends. 5. November 10, 2015 - Meeting in Omaha, Nebraska, at the offices of the Special Master with counsel for both parties (counsel may attend telephonically if they wish). Ordered by Senior Judge Joseph F. Bataillon. (TCL )
June 9, 2015 Opinion or Order Filing 52 SCHEDULING ORDER - IT IS HEREBY ORDERED that the following deadlines are set: 1. June 22, 2015 - Claim Summary spreadsheet attached to Complaint to be modified and submitted to opposing counsel and Special Master 2. June 29, 2015 - Both parties will identify the names of five (5) homeowner claims in which they seek to conduct discovery. They will also identify what documents they seek in those five (5) cases from the other party. Lastly, they will identify which (up to) three individuals they wish to depose in each homeowner claim. July 17, 2015 - All documents requested shall be exchanged by this date. 3. August 10, 2015 thru October 26, 2015 - All depositions to be conducted during this time frame. 4. October 26, 2015 - Disco very ends. 5. November 10, 2015 - Meeting in Omaha, Nebraska, at the offices of the Special Master with counsel for both parties (counsel may attend telephonically if they wish). Ordered by Senior Judge Joseph F. Bataillon. (TCL ) Modified on 6/9/2015 to add text (TCL ).
May 21, 2015 Opinion or Order Filing 51 MEMORANDUM AND ORDER that Michael F. Kinney is appointed Special Master for the purpose of assisting the court in the resolution and management of this case. Mr. Kinney shall report to the court every 45 days and shall ultimately prepare findings and recommendations for submission to the court within six months of the date of this order. Upon receipt of this Order, and after conferring with the court, the Special Master shall set a time and place for a first meeting of counsel for the parties to be held within 21 days of the date of this Order. Ordered by Senior Judge Joseph F. Bataillon. (copy mailed to Mr. Kinney and PACER Service Center as directed) (copy to Operations Administrator)(ADB)
February 6, 2015 Opinion or Order Filing 37 MEMORANDUM AND ORDER denying 21 Motion for Reconsideration. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
December 9, 2014 Opinion or Order Filing 30 ORDER granting 29 Motion to Withdraw as Attorney. The Clerk of Court shall terminate the appearances of Edward Eshoo, Jr. and the law firm of Childress Duffy, Ltd. as counsel for Plaintiff and shall terminate future notices to them in this action. Ordered by Magistrate Judge F.A. Gossett. (ADB)
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Defendant: State Farm Fire and Casualty Company
Represented By: Rex A. Rezac
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Plaintiff: Valley Boys, Inc.
Represented By: Edward Eshoo, Jr.
Represented By: Matthew P. Saathoff
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