T.H.E. Insurance Company v. Trey Olson
Plaintiff / Appellee: T.H.E. INSURANCE COMPANY
Defendant / Appellant: TREY D. OLSON, as Special Administrator of the Estate of Timothy L. Olson
Case Number: 22-1143
Filed: January 28, 2022
Court: U.S. Court of Appeals, Seventh Circuit
Nature of Suit: Insurance
Docket Report

This docket was last retrieved on March 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 28, 2022 Filing 29 Paper copies of joint appendix filed by Appellant Spielbauer Fireworks Company, Inc. and Appellee T.H.E. Insurance Company in 22-1172, Appellant Trey D. Olson and Appellee T.H.E. Insurance Company in 22-1143, Appellant Todd R. Zdroik and Appellee T.H.E. Insurance Company in 22-1170. [29] [7225507] [22-1172, 22-1143, 22-1170] (MLM) [Entered: 03/28/2022 09:42 AM]
March 28, 2022 Filing 28 Paper copies of appellant brief filed by Appellant Spielbauer Fireworks Company, Inc.. [28] [7225504] [22-1172] (MLM) [Entered: 03/28/2022 09:40 AM]
March 28, 2022 Filing 27 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Monte Weiss for Appellee T.H.E. Insurance Company in 22-1143, 22-1170, 22-1172. [27] [7225451] (L-No; E-No; R-No) [22-1143, 22-1170, 22-1172] (Weiss, Monte) [Entered: 03/28/2022 08:39 AM]
March 25, 2022 Filing 26 Paper copies of appellant brief filed by Appellant Todd R. Zdroik in 22-1170. [26] [7225306] [22-1170, 22-1143, 22-1172] (SK) [Entered: 03/25/2022 12:17 PM]
March 24, 2022 Filing 25 Paper copies of appellant brief filed by Appellant Trey D. Olson in 22-1143. [25] [7224925] [22-1143, 22-1170, 22-1172] (MAN) [Entered: 03/24/2022 09:07 AM]
March 22, 2022 Filing 24 Appellant's brief filed by Appellant Todd R. Zdroik in 22-1170. Paper copies due on 03/29/2022. Electronically Transmitted. REMINDER: Hearing notices are mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at http://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [24] [7224623] [22-1143, 22-1170, 22-1172] (CAG) [Entered: 03/22/2022 03:55 PM]
March 22, 2022 Filing 23 Filed Joint Appendix by Appellant Trey D. Olson and Appellee T.H.E. Insurance Company in 22-1143, Appellant Todd R. Zdroik and Appellee T.H.E. Insurance Company in 22-1170, Appellant Spielbauer Fireworks Company, Inc. and Appellee T.H.E. Insurance Company in 22-1172. [23] [7224619] Paper copies due on 03/29/2022 [22-1143, 22-1170, 22-1172] (MLM) [Entered: 03/22/2022 03:44 PM]
March 22, 2022 Filing 22 Appellant's brief filed by Appellant Spielbauer Fireworks Company, Inc. in 22-1172. Paper copies due on 03/29/2022. Electronically Transmitted. REMINDER: Hearing notices are mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at http://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [22] [7224613] [22-1172, 22-1143, 22-1170] (MLM) [Entered: 03/22/2022 03:37 PM]
March 22, 2022 Filing 21 Submitted appellant brief by Timothy S. Trecek for Appellant Todd R. Zdroik in 22-1170. [21] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7224597] [22-1143, 22-1170, 22-1172] (Trecek, Timothy) [Entered: 03/22/2022 03:04 PM]
March 22, 2022 Filing 20 Submitted Joint Appendix by George Burnett for Appellant Trey D. Olson and Appellee T.H.E. Insurance Company in 22-1143, Appellee T.H.E. Insurance Company and Appellant Todd R. Zdroik in 22-1170, Appellant Spielbauer Fireworks Company, Inc. and Appellee T.H.E. Insurance Company in 22-1172. [20] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7224575] [22-1143, 22-1170, 22-1172] (Burnett, George) [Entered: 03/22/2022 02:36 PM]
March 22, 2022 Filing 19 Submitted appellant brief by George Burnett for Appellant Spielbauer Fireworks Company, Inc. in 22-1172. [19] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7224573] [22-1143, 22-1170, 22-1172] (Burnett, George) [Entered: 03/22/2022 02:33 PM]
March 21, 2022 Filing 18 Appellant's brief filed by Appellant Trey D. Olson. Paper copies due on 03/28/2022. Electronically Transmitted. REMINDER: Hearing notices are mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at http://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [18] [7224112] [22-1143] (SK) [Entered: 03/21/2022 01:22 PM]
March 21, 2022 Filing 17 Submitted appellant brief by Jay McDivitt for Appellant Trey D. Olson in 22-1143. [17] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7224064] [22-1143, 22-1170, 22-1172] (McDivitt, Jay) [Entered: 03/21/2022 11:33 AM]
March 17, 2022 Filing 16 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Edward E. Robinson for Appellant Trey D. Olson in 22-1143. [16] [7223593] (L-Yes; E-Yes; R-No) [22-1143, 22-1170, 22-1172]--[Edited 03/17/2022 by MM to reflect addition of counsel.] (McDivitt, Jay) [Entered: 03/17/2022 12:30 PM]
March 15, 2022 Filing 15 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Dena Economou for Appellee T.H.E. Insurance Company in 22-1143, 22-1170, 22-1172. [15] [7223177] (L-Yes; E-Yes; R-No) [22-1143, 22-1170, 22-1172] (Economou, Dena) [Entered: 03/15/2022 04:17 PM]
March 15, 2022 Filing 14 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Douglas R. Garmager for Appellee T.H.E. Insurance Company in 22-1143, 22-1170, 22-1172. [14] [7223172] (L-No; E-Yes; R-No) [22-1143, 22-1170, 22-1172] [Edited 03/15/2022 by CG to reflect the addition of counsel.] (Garmager, Douglas) [Entered: 03/15/2022 04:04 PM]
February 9, 2022 Filing 13 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Timothy S. Trecek for Appellant Todd R. Zdroik in 22-1170. [13] [7216145] (L-Yes; E-Yes; R-No) [22-1143, 22-1170, 22-1172] (Trecek, Timothy) [Entered: 02/09/2022 07:59 AM]
February 9, 2022 Filing 12 Filed Seventh Circuit Transcript Information Sheet by Appellant Todd R. Zdroik in 22-1170. [12] [7216144] [22-1143, 22-1170, 22-1172] (Trecek, Timothy) [Entered: 02/09/2022 07:56 AM]
February 8, 2022 Opinion or Order Filing 11 ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellants' respective reply briefs due on or before 03/23/2022 for Trey D. Olson, Todd R. Zdroik and Spielbauer Fireworks Company, Inc. Appellee's consolidated brief due on or before 04/25/2022 for T.H.E. Insurance Company. Appellants' respective reply briefs, if any, are due on or before 05/16/2022 for Appellants Trey D. Olson, Todd R. Zdroik and Spielbauer Fireworks Company, Inc. RJS [7216092] [22-1143, 22-1170, 22-1172] (MM) [Entered: 02/08/2022 03:55 PM]
February 8, 2022 Filing 10 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Wednesday, February 23, 2022 at 9:30 a.m. Central Time. See Notice for further details and requirements. RJS [10] [7216088] [22-1143, 22-1170, 22-1172] (MM) [Entered: 02/08/2022 03:45 PM]
February 7, 2022 Filing 9 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jay McDivitt for Appellant Trey D. Olson in 22-1143. [9] [7215778] (L-Yes; E-Yes; R-No) [22-1143, 22-1170, 22-1172] (McDivitt, Jay) [Entered: 02/07/2022 03:25 PM]
February 7, 2022 Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney George Burnett for Appellant Spielbauer Fireworks Company, Inc. in 22-1172. [8] [7215562] (L-Yes; E-Yes; R-No) [22-1172, 22-1143, 22-1170] (Burnett, George) [Entered: 02/07/2022 08:27 AM]
February 4, 2022 Opinion or Order Filing 7 ORDER: The court, on its own motion, orders that these appeals are CONSOLIDATED for purposes of briefing and disposition. The briefing schedule is as follows: Appellants' respective briefs due on or before 03/14/2022 for Trey D. Olson, Todd R. Zdroik and Spielbauer Fireworks Company, Inc. Appellee's consolidated brief due on or before 04/13/2022 for T.H.E. Insurance Company. Appellants' respective reply briefs, if any, are due on or before 05/04/2022 for Appellants Trey D. Olson, Todd R. Zdroik and Spielbauer Fireworks Company, Inc. Counsel for appellants are encouraged to avoid unnecessary duplication by filing a joint brief or a joint appendix or by adopting parts of a co-appellants brief. (See order for further details). DW [7] [7215429] [22-1143, 22-1170, 22-1172] (MM) [Entered: 02/04/2022 12:56 PM]
February 1, 2022 Filing 6 Amended Docketing Statement filed by Appellant Trey D. Olson. Prior or Related proceedings: No. [6] [7214671] [22-1143] (McDivitt, Jay) [Entered: 02/01/2022 12:03 PM]
February 1, 2022 Opinion or Order Filing 5 ORDER: A review of the (Amended) Docketing Statement filed on January 31, 2022, reveals that it remains inadequate. Appellants Circuit Rule 3(c) docketing statement fails to identify the state of citizenship of defendant Todd Zdroik. Appellant must provide this information. It is insufficient, for purposes of diversity jurisdiction, to disclose the residency of defendant Zdroik; citizenship matters, not residency. See Meyerson v. Harrahs East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002) (residency and citizenship are not synonyms). And, allegations of citizenship based on information and belief are insufficient to show citizenship in a diversity case. See Seventh Circuit Practitioners Handbook (2020 edition) at p. 164. Accordingly, appellant shall file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before February 8, 2022. DW [5] [7214626] [22-1143] (AD) [Entered: 02/01/2022 10:54 AM]
January 31, 2022 Filing 4 Amended Docketing Statement filed by Appellant Trey D. Olson. Prior or Related proceedings: No. [4] [7214410] [22-1143] (McDivitt, Jay) [Entered: 01/31/2022 03:20 PM]
January 31, 2022 Opinion or Order Filing 3 ORDER: The appellant shall file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before February 7, 2022. (See order for further details.) DW [3] [7214365] [22-1143] (FP) [Entered: 01/31/2022 02:37 PM]
January 31, 2022 Filing 2 Filed Seventh Circuit Transcript Information Sheet by Appellant Trey D. Olson. [2] [7214361] [22-1143] (McDivitt, Jay) [Entered: 01/31/2022 02:21 PM]
January 28, 2022 Filing 1 Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 02/11/2022. Appellant's brief due on or before 03/09/2022 for Trey D. Olson [1] [7214225] [22-1143] (AG) [Entered: 01/31/2022 09:56 AM]

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Plaintiff / appellee: T.H.E. INSURANCE COMPANY
Represented By: Dena Economou
Represented By: Douglas Garmager
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Defendant / appellant: TREY D. OLSON, as Special Administrator of the Estate of Timothy L. Olson
Represented By: Jay M. McDivitt
Represented By: Edward Everett Robinson
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