National Interstate Insurance Company v. Malcom et al
| National Interstate Insurance Company |
| 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 |
| 2:2021cv02234 |
| September 2, 2021 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Eric I Long |
| Other Statutory Actions |
| 28 U.S.C. § 1335 |
| Defendant |
Docket Report
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This docket was last retrieved on October 13, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| 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) |
| 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) |
| Filing 35 ANSWER to #1 Complaint by Ricky L Robertson.(Holmes, Brent) |
| Filing 34 Alias Summons Issued as to Richard D Lutze and mailed to counsel for the plaintiff for service. (JMB) |
| Filing 33 Alias Summons Issued as to Richard D Lutze and mailed to counsel for the Plaintiff for service. (JMB) |
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)
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| Filing 32 ANSWER to #1 Complaint by The Estate of Bradley E Malcom, The Estate of Peggy J Malcom.(O'Donnell, Philip) |
| 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) |
| Filing 31 ANSWER to #1 Complaint for Interpleader and Declaratory Judgment by D and S Hauling LLC.(Ohl, Donald) |
| Filing 30 NOTICE of Appearance of Attorney by Donald J Ohl on behalf of D and S Hauling LLC (Ohl, Donald) |
| Filing 29 Case transferred in from District of Illinois Northern; Case Number 1:21-cv-03387. (TC) |
| Filing 28 TRANSFERRED to the USDC Central District of Illinois, Urbana Division the electronic record. (exr, ) |
| Filing 27 ANSWER to Complaint by Northland Insurance Company (Attachments: #1 Notice of Filing)(Spinazzola, Robert) |
| Filing 26 ATTORNEY Appearance for Defendant Northland Insurance Company by Robert James Spinazzola (Spinazzola, Robert) |
| SUMMONS Issued as to Defendant Great Lakes Insurance Company (jmk, ) |
| ***Civil Case Terminated. (exr, ) |
| 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, ) |
| 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) |
| Filing 23 ANSWER to Complaint by KLC Brokerage, Inc.(Devitt, Donald) |
| Filing 22 SUMMONS Returned Unexecuted by National Interstate Insurance Company as to Richard D. Lutze. (Bertkau, Bradley) |
| Check BOND in the amount of $ 996,765.39 posted by National Interstate Insurance Company Receipt # 4624260615. (mp, ) |
| 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) |
| 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) |
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Filing 19
SCHEDULING Order on Motions to Transfer Venue. Signed by the Honorable Thomas M. Durkin on 8/4/2021. Mailed notice. (ecw, )
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| Filing 18 ATTORNEY Appearance for Defendant Ricky L. Robertson by Brent D Holmes (Holmes, Brent) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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, ) |
| Filing 8 ATTORNEY Appearance for Defendant KLC Brokerage, Inc. by Donald W. Devitt (Devitt, Donald) |
|
Filing 7
ORDER of Deposit. Signed by the Honorable Thomas M. Durkin on 7/22/2021. Mailed notice. (ecw, )
|
| Filing 6 MINUTE entry before the Honorable Thomas M. Durkin: Motion to deposit funds #5 is granted. Enter order. Mailed notice. (ecw, ) |
| 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) |
| SUMMONS Issued as to Defendants Meemic Insurance, Northland Insurance Company, Old Republic Insurance Company. (ng, ) |
| 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, ) |
| 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, ) |
| CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (cl, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff National Interstate Insurance Company by Jason Orleans (Orleans, Jason) |
| Filing 2 ATTORNEY Appearance for Plaintiff National Interstate Insurance Company by Bradley Albert Bertkau (Bertkau, Bradley) |
| 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) |
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