Boring v. Progressive Direct Insurance Company et al
| Boring and Audra Boring |
| Progressive Direct Insurance Company, Progressive Bayside Insurance Company, Progressive Premier Insurance Company of Illinois, Progressive American Insurance Company, Progressive Mountain Insurance Company, Progressive Specialty Insurance Company, Progressive Casualty Insurance Company, Progressive Northwestern Insurance Company, Progressive Advanced Insurance Company, United Financial Casualty Company, Progressive West Insurance Company, Progressive Select Insurance Company, Progressive Preferred Insurance Company, Progressive Max Insurance Company, Progressive Hawaii Insurance Corp., Progressive Express Insurance Company, Mountain Laurel Assurance Company and Progressive Gulf Insurance Company |
| 1:2016cv00869 |
| April 12, 2016 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| James S Gwin |
| Insurance |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 15, 2016. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 56
Stipulation & Order signed by Judge James S. Gwin on 12/15/16 approving the parties' proposed stipulation of dismissal with prejudice. (Related Doc. #55 ) (D,MA)
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| Filing 55 Proposed Stipulation of Dismissal With Prejudice filed by Audra Boring. (Bashein, W.) |
| Filing 54 FILING ERROR. Document is not PDF text searchable. Attorney to refile. Proposed Stipulation of Dismissal with Prejudice filed by Audra Boring. (Bashein, W.) Modified on 12/15/2016 (B,R). |
| Minute Order [non-document] of Mediation Conference. Mediation Conference held on 11/22/2016. Present for Plaintiff: Craig Bashein and John Hurst and Plaintiff Audra Boring by phone. Present for Defendant: Kevin Peinkofer and Jessica Blakeslee with Attorneys Kenneth Prabucki and Michael Mumford. Parties have reached a resolution of all matters of dispute. Dismissal entry to be filed within 30 days. Magistrate Judge Thomas M. Parker on 11/22/2016. Time: 4 hours 30 mins. (O,K) |
| Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Ex-parte telephone conference held on 11/21/2016 with plaintiffs counsel Craig Bashein, Paul Flowers and John Hurst. The court and counsel discussed background information and issues in order to prepare for upcoming mediation. (Court Reporter: None) (O,K) |
| Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Ex-parte telephone conference held on 11/18/2016 with defendant's counsel Kenneth Prabucki, Paul Karlsgodt and Michael Mumford. The court and counsel discussed background information and issues in order to prepare for upcoming mediation. (Court Reporter: None) (O,K) |
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Filing 53
Order Setting Mediation/Settlement Conference. Mediation conference to be held before Magistrate Judge Thomas M. Parker on 11/22/2016 at 10:00 AM in Chambers 11B. Upon receipt of this order, counsel shall contact the magistrate judge's courtroom deputy via email or telephone to schedule the ex-parte telephone conference see order for details. Magistrate Judge Thomas M. Parker on 11/7/2016. (O,K)
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| Notice [non-document] of hearing. Ex-parte Telephone Conference set for 11/21/2016 at 09:00 AM to be held telephonically before Magistrate Judge Thomas M. Parker with Plaintiff's counsel. Call in instructions have been emailed separately. (Related document #53 ) (O,K) |
| Notice [non-document] of hearing. Ex-parte Telephone Conference set for 11/18/2016 at 02:00 PM to be held telephonically before Magistrate Judge Thomas M. Parker with Defense counsel. Call in instructions have been emailed separately. (Related document #53 ) (O,K) |
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Filing 52
Order signed by Judge James S. Gwin on 11/4/16 referring this case to Magistrate Judge Thomas M. Parker for mediation to be held 11/22/16. Counsel should contact the chambers of Judge Parker for further instructions. (D,MA)
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Filing 51
Marginal Entry Order signed by Judge James S. Gwin on 11/4/16 granting the parties' motion for an extension of the previously assigned case deadlines/hearings. No further extensions will be granted. IMPORTANT: The Court amends its case management plan/order as follows: class certification motions to be filed by 1/13/17 with responses due 1/27/17 and replies due 2/3/17. Dispositive motions to be filed 2/6/17 with responses due 3/7/17 and replies due 3/14/17. All discovery to be completed by 5/26/17. Status conference set for 1/19/17 at 12:00 p.m., and final pretrial conference set for 6/5/17 at 12:00 p.m., both in Chambers 18A. Jury trial is reassigned on a two-week standby basis beginning 6/12/17 at 8:00 a.m., Courtroom 18A. (Related Docs. #40 and #50 ) (D,MA)
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| Filing 50 Joint Motion for extension of Current Deadlines until December 31, 2016 filed by Plaintiff Audra Boring. (Bashein, W.) |
| IMPORTANT: Notice [non-document] that the status conference set for 11/17/16 is reset due to a conflict on the Court's calendar. The conference will now be held 12/1/16 at 12:30 p.m., Chambers 18A before Judge James S. Gwin. (D,MA) |
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Filing 49
Opinion & Order signed by Judge James S. Gwin on 10/11/16 denying the parties' joint motion for a protective order. (Related Doc. #48 ) (D,MA)
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| Filing 48 Joint Motion for protective order filed by Plaintiff Audra Boring. (Attachments: #1 Exhibit Agreed Stipulated Protective Order)(Bashein, W.) |
| Filing 47 FILING ERROR, NOT TEXT SEARCHABLE, EXHIBITS NOT UPLOADED SEPARATELY. Joint Motion for protective order with order attached filed by Plaintiff Audra Boring. (Bashein, W.) Modified text on 10/7/2016 (S,SR). |
| Filing 46 Minutes of telephonic status conference before Judge James S. Gwin on 10/4/16. (Court Reporter: None; Time: 41 min.) (D,MA) |
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Order [non-document] entered by Judge James S. Gwin on 9/29/16 granting the parties' joint motion to schedule a status conference. IMPORTANT: A telephonic status conference will be held on 10/4/16 at 11:00 a.m. Counsel will be provided with the Court's teleconference information via email. (Related Doc. #45 ) (D,MA)
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| Filing 45 Joint Request for status conference filed by Mountain Laurel Assurance Company, Progressive Advanced Insurance Company, Progressive American Insurance Company, Progressive Bayside Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Gulf Insurance Company, Progressive Hawaii Insurance Corp., Progressive Max Insurance Company, Progressive Mountain Insurance Company, Progressive Northwestern Insurance Company, Progressive Preferred Insurance Company, Progressive Premier Insurance Company of Illinois, Progressive Select Insurance Company, Progressive Specialty Insurance Company, Progressive West Insurance Company, United Financial Casualty Company. (Mumford, Michael) Modified text on 9/29/2016 (S,SR). |
| Filing 44 Notice of Identification of Experts filed by Audra Boring. (Attachments: #1 Exhibit 1- Nash Group CC, #2 Exhibit 2- Al Yeager CV)(Flowers, Paul) Modified text on 9/7/2016 (S,SR). |
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Order [non-document] entered by Judge James S. Gwin on 9/1/16. Due to the filing of an amended complaint, defendants' motion to dismiss is denied as moot without prejudice as to defendants' right to move to dismiss with regard to the specific allegations contained in the amended complaint. (Related Doc. #29 ) (D,MA)
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| Filing 43 Answer to #42 Amended complaint filed by Mountain Laurel Assurance Company, Progressive Advanced Insurance Company, Progressive American Insurance Company, Progressive Bayside Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Gulf Insurance Company, Progressive Hawaii Insurance Corp., Progressive Max Insurance Company, Progressive Mountain Insurance Company, Progressive Northwestern Insurance Company, Progressive Preferred Insurance Company, Progressive Premier Insurance Company of Illinois, Progressive Select Insurance Company, Progressive Specialty Insurance Company, Progressive West Insurance Company, United Financial Casualty Company. (Mumford, Michael) |
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Order [non-document] entered by Judge James S. Gwin on 8/22/16. At the case management conference held 8/1/16, the Court gave leave to file an amended complaint. The motion to file an amended complaint is granted as it was filed within the time set out in the Court's case management plan/order. (Related Doc. #37 ) (D,MA)
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| Filing 42 First Amended complaint against All Defendants. Filed by Audra Boring. (Attachments: #1 Exhibit Progressive Declarations and Policy) (Flowers, Paul) |
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Filing 41
Order signed by Judge James S. Gwin on 8/2/16 that plaintiff shall identify experts by 9/5/16 and defendants shall identify experts by 11/26/16. (D,MA)
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Filing 40
Case Management Conference Plan/Order signed by Judge James S. Gwin on 8/2/16. Case is assigned to the standard track. Parties to be joined and pleadings amended by 8/15/16. Class certification motions to be filed by 11/14/16 with responses due 11/28/16 and replies due 12/5/16. Dispositive motions to be filed by 12/7/16 with responses due 1/3/17 and replies due 1/10/17. All discovery to be completed by 3/27/17. Status conference set for 11/17/16 at 12:00 p.m., and final pretrial conference set for 4/4/17 at 4:00 p.m., both in Chambers 18A. Jury trial is assigned on a two-week standby basis beginning 4/10/17 at 8:00 a.m., Courtroom 18A. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (D,MA)
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| Filing 39 Minutes of case management conference held before Judge James S. Gwin on 8/1/16. (Court Reporter: None; Time: 37 min.) (D,MA) |
| Filing 38 Attorney Fees and Costs Estimate filed by Audra Boring. Related document(s) #24 .(Flowers, Paul) Modified text on 8/2/2016 (S,SR). |
| Filing 37 Motion to amend complaint filed by Plaintiff Audra Boring. (Attachments: #1 Exhibit Proposed First Amended Complaint)(Flowers, Paul) |
| Filing 36 Reply in support of #29 Motion to dismiss for failure to state a claim filed by All Defendants. (Attachments: #1 Exhibit Policy Renewal Declarations)(Mumford, Michael) |
| Filing 35 Opposition to #29 Motion to dismiss for failure to state a claim filed by Audra Boring. (Flowers, Paul) Modified text on 7/1/2016 (S,SR). |
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Order [non-document] entered by Judge James S. Gwin on 6/24/16 granting the plaintiff's motion for an extension of time until 6/30/16 to file a response to the defendants' pending motion to dismiss. (Related Docs. #29 and #33 ) (D,MA)
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| Filing 34 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Bashein, W.) s/ by John Hurst. Modified text on 6/20/2016 (S,SR). |
| Filing 33 Motion for extension of time until June 30, 2016 to file response/reply to #29 Motion to dismiss for failure to state a claim filed by Plaintiff Audra Boring. Related document(s) #29 . (Flowers, Paul) |
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Order [non-document] entered by Judge James S. Gwin on 6/13/16 granting the plaintiff's motion to continue the case management conference previously scheduled for 7/28/16 due to a conflict on counsel's calendar. IMPORTANT: The conference will now be held 8/1/16 at 12:00 p.m., Chambers 18A before Judge James S. Gwin. (Related Docs. #24 and #32 ) (D,MA)
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| Filing 32 Unopposed Motion to continue 7-28-16 case management conference filed by Plaintiff Audra Boring. (Bashein, W.) Modified text on 6/10/2016 (S,SR). |
| IMPORTANT: Notice [non-document] that the case management conference previously scheduled for 7/7/16 is reset due to a conflict on the Court's calendar. The conference will now be held 7/28/16 at 3:00 p.m., Chambers 18A before Judge James S. Gwin. (Related Doc. #24 ) (D,MA) |
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Order [non-document] entered by Judge James S. Gwin on 5/25/16 granting the defendants' motion to continue the case management conference set for 6/23/16 due to a scheduling conflict. IMPORTANT: The conference is reset to 7/7/16 at 9:00 a.m., Chambers 18A. (Related Docs. #24 and #31 ) (D,MA)
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| Filing 31 Unopposed Motion to continue Case Management Conference filed by Mountain Laurel Assurance Company, Progressive Advanced Insurance Company, Progressive American Insurance Company, Progressive Bayside Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Gulf Insurance Company, Progressive Hawaii Insurance Corp., Progressive Max Insurance Company, Progressive Mountain Insurance Company, Progressive Northwestern Insurance Company, Progressive Preferred Insurance Company, Progressive Premier Insurance Company of Illinois, Progressive Select Insurance Company, Progressive Specialty Insurance Company, Progressive West Insurance Company, United Financial Casualty Company. Related document(s) #24 . (Mumford, Michael) |
| Filing 30 Answer to Complaint filed by Mountain Laurel Assurance Company, Progressive Advanced Insurance Company, Progressive American Insurance Company, Progressive Bayside Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Gulf Insurance Company, Progressive Hawaii Insurance Corp., Progressive Max Insurance Company, Progressive Mountain Insurance Company, Progressive Northwestern Insurance Company, Progressive Preferred Insurance Company, Progressive Premier Insurance Company of Illinois, Progressive Select Insurance Company, Progressive Specialty Insurance Company, Progressive West Insurance Company, United Financial Casualty Company. (Mumford, Michael) |
| Filing 29 Motion to dismiss for failure to state a claim filed by Mountain Laurel Assurance Company, Progressive Advanced Insurance Company, Progressive American Insurance Company, Progressive Bayside Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Gulf Insurance Company, Progressive Hawaii Insurance Corp., Progressive Max Insurance Company, Progressive Mountain Insurance Company, Progressive Northwestern Insurance Company, Progressive Preferred Insurance Company, Progressive Premier Insurance Company of Illinois, Progressive Select Insurance Company, Progressive Specialty Insurance Company, Progressive West Insurance Company, United Financial Casualty Company. (Attachments: #1 Brief in Support, #2 Exhibit Auto Policy)(Mumford, Michael) |
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Order [non-document] entered by Judge James S. Gwin on 5/18/16 granting the motions to appear pro hac vice of Attorneys Paul G. Karlsgodt and Casie D. Collignon on behalf of the defendants. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Docs. #25 , #26 , #27 , and #28 )(D,MA)
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| Filing 28 Supplement Affidavit to #25 Motion for attorney Paul G. Karlsgodt to Appear Pro Hac Vice, filed by All Defendants. Related document(s) #25 . (Prabucki, Kenneth) Modified text on 5/17/2016 (S,SR). |
| Filing 27 Supplement Affidavit to #26 Motion for attorney Casie D. Collignon to Appear Pro Hac Vice filed by All Defendants. Related document(s) #26 . (Prabucki, Kenneth) Modified text on 5/16/2016 (S,SR). |
| Filing 26 Motion for attorney Casie D. Collignon to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7609337, filed by Mountain Laurel Assurance Company, Progressive Advanced Insurance Company, Progressive American Insurance Company, Progressive Bayside Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Gulf Insurance Company, Progressive Hawaii Insurance Corp., Progressive Max Insurance Company, Progressive Mountain Insurance Company, Progressive Northwestern Insurance Company, Progressive Preferred Insurance Company, Progressive Premier Insurance Company of Illinois, Progressive Select Insurance Company, Progressive Specialty Insurance Company, Progressive West Insurance Company, United Financial Casualty Company. (Attachments: #1 Affidavit, #2 Proposed Order)(Prabucki, Kenneth) |
| Filing 25 Motion for attorney Paul G. Karlsgodt to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7609309, filed by Mountain Laurel Assurance Company, Progressive Advanced Insurance Company, Progressive American Insurance Company, Progressive Bayside Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Gulf Insurance Company, Progressive Hawaii Insurance Corp., Progressive Max Insurance Company, Progressive Mountain Insurance Company, Progressive Northwestern Insurance Company, Progressive Preferred Insurance Company, Progressive Premier Insurance Company of Illinois, Progressive Select Insurance Company, Progressive Specialty Insurance Company, Progressive West Insurance Company, United Financial Casualty Company. (Attachments: #1 Affidavit, #2 Proposed Order)(Prabucki, Kenneth) |
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Filing 24
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 4/25/16 setting a conference for 6/23/16 at 9:00 a.m., Chambers 18A. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (D,MA)
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| Filing 23 Magistrate Consent Package issued on behalf of Judge James S. Gwin on 4/25/16. (D,MA) |
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Order [non-document] entered by Judge James S. Gwin on 4/16/16 granting the defendants' motion for an extension of time until 5/19/16 to file an answer to the complaint. The Court requires the filing of an answer. (Related Doc. #22 ) (D,MA)
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| Filing 22 Unopposed Motion for extension of time until May 19, 2016 to answer filed by All Defendants. Related document(s) #1 . (Attachments: #1 Proposed Order)(Mumford, Michael) Modified text on 4/13/2016 (S,SR). |
| Filing 21 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for United Financial Casualty Company filed by United Financial Casualty Company. (Mumford, Michael) |
| Filing 20 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive West Insurance Company filed by Progressive West Insurance Company. (Mumford, Michael) |
| Filing 19 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Specialty Insurance Company filed by Progressive Specialty Insurance Company. (Mumford, Michael) |
| Filing 18 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Select Insurance Company filed by Progressive Select Insurance Company. (Mumford, Michael) |
| Filing 17 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Premier Insurance Company of Illinois filed by Progressive Premier Insurance Company of Illinois. (Mumford, Michael) |
| Filing 16 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Preferred Insurance Company filed by Progressive Preferred Insurance Company. (Mumford, Michael) |
| Filing 15 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Northwestern Insurance Company filed by Progressive Northwestern Insurance Company. (Mumford, Michael) |
| Filing 14 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Mountain Insurance Company filed by Progressive Mountain Insurance Company. (Mumford, Michael) |
| Filing 13 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Max Insurance Company filed by Progressive Max Insurance Company. (Mumford, Michael) |
| Filing 12 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Hawaii Insurance Corp. filed by Progressive Hawaii Insurance Corp.. (Mumford, Michael) |
| Filing 11 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Gulf Insurance Company filed by Progressive Gulf Insurance Company. (Mumford, Michael) |
| Filing 10 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Express Insurance Company filed by Progressive Express Insurance Company. (Mumford, Michael) |
| Filing 9 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Direct Insurance Company filed by Progressive Direct Insurance Company. (Mumford, Michael) |
| Filing 8 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Casualty Insurance Company filed by Progressive Casualty Insurance Company. (Mumford, Michael) |
| Filing 7 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Bayside Insurance Company filed by Progressive Bayside Insurance Company. (Mumford, Michael) |
| Filing 6 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive American Insurance Company filed by Progressive American Insurance Company. (Mumford, Michael) |
| Filing 5 FILING ERROR, DUPLICATE OF #2 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Mountain Laurel Assurance Company filed by Mountain Laurel Assurance Company. (Mumford, Michael) Modified on 4/13/2016 (S,SR). |
| Filing 4 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Advanced Insurance Company filed by Progressive Advanced Insurance Company. (Mumford, Michael) |
| Filing 3 Magistrate Consent Form issued. (S,SR) |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Mountain Laurel Assurance Company filed by Mountain Laurel Assurance Company. (Mumford, Michael) Modified text on 4/12/2016 (S,SR). |
| Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV 16 860266 with jury demand, Filing fee $ 400, receipt number 0647-7569026. Filed by Progressive Express Insurance Company, Progressive Advanced Insurance Company, Progressive Hawaii Insurance Corp., Progressive Direct Insurance Company, Mountain Laurel Assurance Company, Progressive Premier Insurance Company of Illinois, Progressive Max Insurance Company, Progressive Specialty Insurance Company, Progressive American Insurance Company, Progressive Northwestern Insurance Company, United Financial Casualty Company, Progressive Gulf Insurance Company, Progressive West Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company, Progressive Bayside Insurance Company, Progressive Mountain Insurance Company, Progressive Casualty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Complaint and Service Documents) (Mumford, Michael) Modified text on 4/12/2016 (S,SR). |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (S,SR) |
| Judge James S. Gwin assigned to case. (S,SR) |
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