Hornung et al v. State Farm Fire and Casualty Company et al
Plaintiff: Michael Hornung and Zia, Incorporated
Defendant: State Farm Fire and Casualty Company, Auto-Owners Insurance Company and Owners Insurance Company
Case Number: 3:2024cv00061
Filed: March 22, 2024
Court: US District Court for the Northern District of Georgia
Presiding Judge: Timothy C Batten
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Insurance Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 15, 2024 Submission of #20 MOTION to Dismiss and #22 MOTION to Stay Discovery to District Judge Timothy C. Batten Sr. (dmb)
May 14, 2024 Opinion or Order Filing 24 SCHEDULING ORDER: re: #17 Joint Preliminary Report and Discovery Plan Discovery ends on 10/22/2024. Motions due by 11/22/2024. Proposed Pretrial Order due by 12/2/2024. Signed by Judge Timothy C. Batten, Sr. on 5/14/2024. (dmb)
May 7, 2024 Filing 23 ANSWER to #14 Amended Complaint by Owners Insurance Company.(Sizemore, Brittney) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
April 24, 2024 Filing 22 MOTION to Stay Discovery by State Farm Fire and Casualty Company. (Smith, John)
April 24, 2024 Filing 21 NOTICE by State Farm Fire and Casualty Company re #20 MOTION to Dismiss (Smith, John)
April 24, 2024 Filing 20 MOTION to Dismiss with Brief In Support by State Farm Fire and Casualty Company. (Attachments: #1 Brief Def SF's Brief in Support of Motion of Motion to Dismiss Amended Complaint)(Smith, John)
April 24, 2024 Filing 19 NOTICE by Owners Insurance Company Intent to Serve Subpoena (Sizemore, Brittney)
April 19, 2024 Filing 18 CERTIFICATE OF SERVICE of Discovery by Owners Insurance Company.(Sizemore, Brittney)
April 19, 2024 Filing 17 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Owners Insurance Company. (Sizemore, Brittney)
April 19, 2024 Filing 16 Initial Disclosures by Owners Insurance Company. (Attachments: #1 Certified Copy of Policy)(Sizemore, Brittney)
April 18, 2024 Filing 15 Initial Disclosures by Michael Hornung.(Harding, Todd)
April 17, 2024 Filing 14 First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Michael Hornung.(Harding, Todd) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
April 11, 2024 Opinion or Order Filing 13 ORDER denying as moot #6 Motion to Dismiss for Failure to State a Claim, #7 Motion for Hearing, and #9 Motion to Supplement. Plaintiffs are ordered to file an updated version of their amended complaint incorporating any amendments indicated in their filing #11 within 7 days. The Clerk is directed to update the name of Defendant Auto-Owners Insurance Company to Owners Insurance Company. Signed by Judge Timothy C. Batten, Sr. on 4/11/2024. (dmb)
April 11, 2024 Filing 12 RESPONSE re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael Hornung. (Harding, Todd)
April 10, 2024 Filing 11 First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Michael Hornung.(Harding, Todd) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
April 10, 2024 Filing 10 Certificate of Interested Persons and Corporate Disclosure Statement by Michael Hornung. (Harding, Todd)
April 10, 2024 Clerk's Notation re #10 Certificate of Interested Persons/Corporate Disclosure Statement. Reviewed and approved by Chief U.S. District Judge Timothy C. Batten, Sr. (usw)
April 5, 2024 Filing 9 MOTION to Supplement #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by State Farm Fire and Casualty Company. (Attachments: #1 Exhibit Exhibit A - Certified Policy)(Smith, John)
April 2, 2024 Clerk's Notation re #8 Certificate of Interested Persons/Corporate Disclosure Statement. Reviewed and approved by Chief U.S. District Judge Timothy C. Batten, Sr. (usw)
March 29, 2024 Filing 8 Certificate of Interested Persons and Corporate Disclosure Statement by State Farm Fire and Casualty Company identifying Corporate Parent State Farm Mutual Automobile Insurance Company for State Farm Fire and Casualty Company. (Smith, John)
March 29, 2024 Filing 7 MOTION for Hearing re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by State Farm Fire and Casualty Company. (Smith, John)
March 29, 2024 Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by State Farm Fire and Casualty Company. (Attachments: #1 Brief Brief in Support of State Farm's Motion to Dismiss)(Smith, John)
March 29, 2024 Filing 5 AMENDED ANSWER to Plaintiffs' Complaint by State Farm Fire and Casualty Company. (Smith, John)
March 26, 2024 Filing 4 Certificate of Interested Persons and Corporate Disclosure Statement by Auto-Owners Insurance Company identifying Corporate Parent Auto-Owners Insurance Group, Other Affiliate Home-Owners Insurance Company, Other Affiliate Property-Owners Insurance Company, Other Affiliate Southern-Owners Insurance Company, Other Affiliate Auto-Owners Life Insurance, Other Affiliate Auto-Owners Insurance Company for Auto-Owners Insurance Company. (Sizemore, Brittney)
March 26, 2024 Clerk's Notation re #4 Certificate of Interested Persons/Corporate Disclosure Statement. Reviewed and approved by Chief U.S. District Judge Timothy C. Batten, Sr. (usw)
March 22, 2024 Filing 3 ANSWER to #1 NOTICE OF REMOVAL by State Farm Fire and Casualty Company.(jkb) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
March 22, 2024 Filing 2 ANSWER to #1 NOTICE OF REMOVAL by Auto-Owners Insurance Company. Discovery ends on 8/19/2024.(jkb) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
March 22, 2024 Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Auto-Owners Insurance Company. (Filing fee $ 405 receipt number AGANDC-13311787) (Attachments: #1 Certificate of removal, #2 Consent of removal, #3 Exhibit A, #4 Exhibit B, #5 Civil Cover Sheet)(jkb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.

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Plaintiff: Michael Hornung
Represented By: Todd Andrew Harding
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Plaintiff: Zia, Incorporated
Represented By: Todd Andrew Harding
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Defendant: State Farm Fire and Casualty Company
Represented By: John Holder Smith, Jr
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Defendant: Auto-Owners Insurance Company
Represented By: Brittney Sizemore
Represented By: Jessica M. Phillips
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Defendant: Owners Insurance Company
Represented By: Brittney Sizemore
Represented By: Jessica M. Phillips
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