National Interstate Insurance Company v. Malcom et al
Petitioner: National Interstate Insurance Company
Respondent: The Estate of Peggy J Malcom, The Estate of Bradley E Malcom, Clayton M Scott, Ricky L Robertson, Richard D Lutze, Robert L Wilson, Smith Transfer Company Inc, Northland Insurance Company, Old Republic Insurance Company, Meemic Insurance, Road Shark Group Inc, Great Lakes Insurance Company, The Estate of Andrzej J Poprawa, KLC Brokerage Inc, Runway 3 Leasing LLC, Peoples Capitol and Leasing and D and S Hauling LLC
Case Number: 2:2021cv02234
Filed: September 2, 2021
Court: US District Court for the Central District of Illinois
Presiding Judge: Colin Stirling Bruce
Referring Judge: Eric I Long
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1335
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2021 Filing 37 SUMMONS Returned Executed by National Interstate Insurance Company. Clayton M Scott served on 9/8/2021, answer due 9/29/2021. (Bertkau, Bradley)
October 13, 2021 Filing 36 SUMMONS Returned Executed by National Interstate Insurance Company. Richard D Lutze served on 10/5/2021, answer due 10/26/2021. (Bertkau, Bradley)
October 4, 2021 Filing 35 ANSWER to #1 Complaint by Ricky L Robertson.(Holmes, Brent)
October 1, 2021 Filing 34 Alias Summons Issued as to Richard D Lutze and mailed to counsel for the plaintiff for service. (JMB)
September 28, 2021 Filing 33 Alias Summons Issued as to Richard D Lutze and mailed to counsel for the Plaintiff for service. (JMB)
September 28, 2021 Opinion or Order TEXT ORDER entered by Judge Colin Stirling Bruce on 9/28/2021. This insurance interpleader and declaratory judgment case was initially filed in the District Court for the Northern District of Illinois. An Order #7 entered July 22, 2021, directed the Clerk of Court for the Northern District to accept and deposit from Plaintiff $996,765.39 into the registry of the court, as the remaining proceeds from a $1 million liability insurance policy Plaintiff issued to a party who may be liable for some or all of Defendants' injuries. Defendants Estates of Peggy J. and Bradley E. Malcom filed a Motion to Vacate #13 seeking the vacatur of Order #7 arguing the money should be deposited in the Central District rather than the Northern District. Plaintiff's deposit has now been transferred to this court, so Motion to Vacate #13 is DENIED as MOOT. (JMB)
September 24, 2021 Filing 32 ANSWER to #1 Complaint by The Estate of Bradley E Malcom, The Estate of Peggy J Malcom.(O'Donnell, Philip)
September 22, 2021 Remark: CD/IL, Peoria Division, US District Clerk's Office receipted the transfer of the interpleader bond of $996,765.39 with Receipt No. 14626041545. (TC)
September 14, 2021 Filing 31 ANSWER to #1 Complaint for Interpleader and Declaratory Judgment by D and S Hauling LLC.(Ohl, Donald)
September 14, 2021 Filing 30 NOTICE of Appearance of Attorney by Donald J Ohl on behalf of D and S Hauling LLC (Ohl, Donald)
September 2, 2021 Filing 29 Case transferred in from District of Illinois Northern; Case Number 1:21-cv-03387. (TC)
September 2, 2021 Filing 28 TRANSFERRED to the USDC Central District of Illinois, Urbana Division the electronic record. (exr, )
August 20, 2021 Filing 27 ANSWER to Complaint by Northland Insurance Company (Attachments: #1 Notice of Filing)(Spinazzola, Robert)
August 20, 2021 Filing 26 ATTORNEY Appearance for Defendant Northland Insurance Company by Robert James Spinazzola (Spinazzola, Robert)
August 20, 2021 SUMMONS Issued as to Defendant Great Lakes Insurance Company (jmk, )
August 19, 2021 ***Civil Case Terminated. (exr, )
August 19, 2021 Filing 25 MINUTE entry before the Honorable Thomas M. Durkin: On June 23, 2021, Plaintiff filed its complaint for interpleader and declaratory judgment. On July 20, 2021, Plaintiff filed its motion to deposit its insurance bond, totaling $996,765.39, with the Clerk of the Court. R. #5 . The Court granted that motion on July 22, and entered its order of deposit. R. #7 . Then, on July 27, the Estate of Peggy J. Malcom and the Estate of Bradley E. Malcom, moved to transfer this case under 28 U.S.C. 1404(a) to the District Court for the Central District of Illinois, Urbana Division. R. #11 . Defendant Ricky L. Robertson filed the same motion a few days later. R. #16 . According to Plaintiff's most-recent filing, R. #24 , Plaintiff has advised counsel of record of its consent to transfer this case to the Central District of Illinois, Urbana Division, and has further consented to having the Clerk of the Court transfer the interpleader bond to the same district. Accordingly, based on the representations made in Plaintiff's filing, this case is transferred to the Central District of Illinois, Urbana Division and directs the Clerk of the Court to transfer the interpleader bond of $996,765.39 to the Central District of Illinois, Urbana Division. Mailed notice. (ecw, )
August 17, 2021 Filing 24 Plaintiff's Consent to Transfer of Venue 28 U.S.C. 1404(a) and For Transfer of Interpleader Bond to Central District of Illinois, Urbana Division by National Interstate Insurance Company (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Orleans, Jason)
August 17, 2021 Filing 23 ANSWER to Complaint by KLC Brokerage, Inc.(Devitt, Donald)
August 16, 2021 Filing 22 SUMMONS Returned Unexecuted by National Interstate Insurance Company as to Richard D. Lutze. (Bertkau, Bradley)
August 16, 2021 Check BOND in the amount of $ 996,765.39 posted by National Interstate Insurance Company Receipt # 4624260615. (mp, )
August 12, 2021 Filing 21 SUMMONS Returned Executed by National Interstate Insurance Company as to Ricky L. Robertson on 8/4/2021, answer due 8/25/2021. (Bertkau, Bradley)
August 10, 2021 Filing 20 SUMMONS Returned Executed by National Interstate Insurance Company as to People's Capitol & Leasing on 8/3/2021, answer due 8/24/2021. (Bertkau, Bradley)
August 4, 2021 Opinion or Order Filing 19 SCHEDULING Order on Motions to Transfer Venue. Signed by the Honorable Thomas M. Durkin on 8/4/2021. Mailed notice. (ecw, )
August 3, 2021 Filing 18 ATTORNEY Appearance for Defendant Ricky L. Robertson by Brent D Holmes (Holmes, Brent)
August 3, 2021 Filing 17 MOTION by Defendant Ricky L. Robertson to transfer case Defendant Ricky L. Robertson's Memorandum of Law in Support of Motion to Transfer Venue Under Section 28 U.S.C. Sec. 1404(a) (Holmes, Brent)
August 3, 2021 Filing 16 MOTION by Defendant Ricky L. Robertson to transfer case (Attachments: #1 Declaration Declaration of Ricky L. Robertson In Support of Motion to Transfer Venue)(Holmes, Brent)
August 2, 2021 Filing 15 WAIVER OF SERVICE returned executed by National Interstate Insurance Company. D & S Hauling, LLC waiver sent on 7/16/2021, answer due 9/14/2021. (Bertkau, Bradley)
July 27, 2021 Filing 14 CERTIFICATE of Service by Philip Michael O'Donnell on behalf of The Estate of Peggy J. Malcom, The Estate of Bradley E. Malcom regarding MOTION by Defendants The Estate of Peggy J. Malcom, The Estate of Bradley E. Malcom to transfer case under 28 USCS 1404(a) #11 , MOTION by Defendants The Estate of Peggy J. Malcom, The Estate of Bradley E. Malcom to vacate order on motion to deposit funds, text entry #6 , order #7 and Stay Deposit of Interpleader Funds #13 , memorandum in support of motion #12 (O'Donnell, Philip)
July 27, 2021 Filing 13 MOTION by Defendants The Estate of Peggy J. Malcom, The Estate of Bradley E. Malcom to vacate order on motion to deposit funds, text entry #6 , order #7 and Stay Deposit of Interpleader Funds (O'Donnell, Philip)
July 27, 2021 Filing 12 MEMORANDUM by The Estate of Peggy J. Malcom, The Estate of Bradley E. Malcom in support of motion to transfer case #11 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(O'Donnell, Philip)
July 27, 2021 Filing 11 MOTION by Defendants The Estate of Peggy J. Malcom, The Estate of Bradley E. Malcom to transfer case under 28 USCS 1404(a) (O'Donnell, Philip)
July 27, 2021 Filing 10 Designation of Local Counsel Pursuant to LR 83.15 by The Estate of Peggy J. Malcom, The Estate of Bradley E. Malcom (O'Donnell, Philip)
July 27, 2021 Filing 9 ATTORNEY Appearance for Defendants The Estate of Peggy J. Malcom, The Estate of Bradley E. Malcom by Philip Michael O'Donnell (O'Donnell, Philip)
July 27, 2021 SUMMONS Issued as to Defendants Richard D. Lutze, The Estate of Andrzej J. Poprawa, Ricky L. Robertson, Clayton M. Scott, and Robert L. Wilson. (lxk, )
July 26, 2021 Filing 8 ATTORNEY Appearance for Defendant KLC Brokerage, Inc. by Donald W. Devitt (Devitt, Donald)
July 22, 2021 Opinion or Order Filing 7 ORDER of Deposit. Signed by the Honorable Thomas M. Durkin on 7/22/2021. Mailed notice. (ecw, )
July 22, 2021 Filing 6 MINUTE entry before the Honorable Thomas M. Durkin: Motion to deposit funds #5 is granted. Enter order. Mailed notice. (ecw, )
July 20, 2021 Filing 5 MOTION by Plaintiff National Interstate Insurance Company to deposit funds (Attachments: #1 Exhibit Exhibit A to Mtn to Deposit, #2 Text of Proposed Order Proposed Order for Mtn to Deposit, #3 Certificate of Service Certificate of Service of Motion, Proposed order)(Bertkau, Bradley)
July 16, 2021 SUMMONS Issued as to Defendants Meemic Insurance, Northland Insurance Company, Old Republic Insurance Company. (ng, )
July 16, 2021 SUMMONS Issued as to Defendants D & S Hauling, LLC, KLC Brokerage, Inc., People's Capitol & Leasing, Road Shark Group, Inc., Runway 3 Leasing LLC, Smith Transfer Company, Inc. (jg, )
June 24, 2021 Filing 4 MINUTE entry before the Honorable Thomas M. Durkin: By 9/2/2021, the parties are to file a joint status report. The parties may refer to the format detailed on the Court's website under New and Reassigned cases. Mailed notice. (ecw, )
June 24, 2021 CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (cl, )
June 23, 2021 Filing 3 ATTORNEY Appearance for Plaintiff National Interstate Insurance Company by Jason Orleans (Orleans, Jason)
June 23, 2021 Filing 2 ATTORNEY Appearance for Plaintiff National Interstate Insurance Company by Bradley Albert Bertkau (Bertkau, Bradley)
June 23, 2021 Filing 1 COMPLAINT for Interpleader and Declaratory Judgment filed by National Interstate Insurance Company; Filing fee $ 402, receipt number 0752-18384241. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Bertkau, Bradley)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System

Search for this case: National Interstate Insurance Company v. Malcom et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: National Interstate Insurance Company
Represented By: Bradley Albert Bertkau
Represented By: Jason Orleans
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: The Estate of Peggy J Malcom
Represented By: Philip Michael O'Donnell
Represented By: Philip M O'Donnell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: The Estate of Bradley E Malcom
Represented By: Philip Michael O'Donnell
Represented By: Philip M O'Donnell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Clayton M Scott
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Ricky L Robertson
Represented By: Brent D Holmes
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Richard D Lutze
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Robert L Wilson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Smith Transfer Company Inc
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Northland Insurance Company
Represented By: Robert James Spinazzola
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Old Republic Insurance Company
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Meemic Insurance
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Road Shark Group Inc
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Great Lakes Insurance Company
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: The Estate of Andrzej J Poprawa
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: KLC Brokerage Inc
Represented By: Donald W Devitt
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Runway 3 Leasing LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Peoples Capitol and Leasing
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: D and S Hauling LLC
Represented By: Donald J Ohl
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?