Cincinnati Insurance Company as subrogee of Midstate Manufacturing Company v. Progress Rail Services Corporation
| Cincinnati Insurance Company as subrogee of Midstate Manufacturing Company |
| Progress Rail Services Corporation |
| 4:2019cv04200 |
| October 9, 2019 |
| U.S. District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Filing 31 JUDGMENT entered. (ED) |
Filing 30
ORDER entered by Chief Judge Sara Darrow on October 26, 2021. The Court GRANTS Defendant Progress Rail Services Corporation's #19 Motion for Summary Judgment to the extent that it requests dismissal of the suit as a sanction for the destruction of evidence, and GRANTS its #25 motion to file additional pages in its summary judgment reply. The case is DISMISSED with prejudice. The remaining #20 #24 #28 motions are MOOT. The Clerk is directed to enter judgment and close the case. (MLM)
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| Filing 29 MEMORANDUM in Opposition re #28 MOTION for Leave to File Reply in Support of Its Motion to Strike Affidavit of David Conley filed by Plaintiff Cincinnati Insurance Company as subrogee of Midstate Manufacturing Company. (Poindexter, David) |
| Filing 28 MOTION for Leave to File Reply in Support of Its Motion to Strike Affidavit of David Conley by Defendant Progress Rail Services Corporation. Responses due by 9/30/2021 (Attachments: #1 Exhibit A- Reply in Support)(Hunter, Michael) |
| Filing 27 MEMORANDUM in Opposition re #24 MOTION to Strike #23 Response to Motion, Exhibit K - Affidavit of David Conley filed by Plaintiff Cincinnati Insurance Company as subrogee of Midstate Manufacturing Company. (Poindexter, David) |
| Filing 26 MEMORANDUM in Support re #19 MOTION for Summary Judgment See also Doc #25 filed by Defendant Progress Rail Services Corporation. (Hunter, Michael) |
| Filing 25 MOTION for Leave to File Excess Pages in Reply Argument in Support of its Motion for Summary Judgement by Defendant Progress Rail Services Corporation. Responses due by 9/13/2021 (Hunter, Michael) |
| Filing 24 MOTION to Strike #23 Response to Motion, Exhibit K - Affidavit of David Conley by Defendant Progress Rail Services Corporation. Responses due by 9/13/2021 (Hunter, Michael) |
| Filing 23 RESPONSE to Motion re #19 MOTION for Summary Judgment filed by Plaintiff Cincinnati Insurance Company as subrogee of Midstate Manufacturing Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Poindexter, David) |
| Filing 22 RESPONSE to Motion re #20 MOTION to Strike and Exclude Plaintiff's Retained Damages Expert, Eugene Keith filed by Plaintiff Cincinnati Insurance Company as subrogee of Midstate Manufacturing Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B1, #4 Exhibit B2, #5 Exhibit B3)(Poindexter, David) |
| Filing 21 MEMORANDUM in Support re #20 MOTION to Strike and Exclude Plaintiff's Retained Damages Expert, Eugene Keith filed by Defendant Progress Rail Services Corporation. (Attachments: #1 Exhibit Exhibit A - Eugene Keith Deposition)(Hunter, Michael) |
| Filing 20 MOTION to Strike and Exclude Plaintiff's Retained Damages Expert, Eugene Keith by Defendant Progress Rail Services Corporation. Responses due by 8/9/2021 (Attachments: #1 Exhibit Exhibit A - Eugene Keith Deposition)(Hunter, Michael) |
| Filing 19 MOTION for Summary Judgment by Defendant Progress Rail Services Corporation. Responses due by 8/16/2021 (Attachments: #1 Exhibit Exhibit A - July 18, 2018 letter, #2 Exhibit Exhibit B - Pltf's Answers to Def's ROGs, #3 Exhibit Exhibit C - Peterson Depo, #4 Exhibit Exhibit D - Hanson Engineering Services Report, #5 Exhibit Exhibit E - Def's Resp to Pltf's RTA, #6 Exhibit Exhibit F - Pltf's Resp to Def's RFP, #7 Exhibit Exhibit G - Claxton Depo, #8 Exhibit Exhibit H - Keith Depo)(Hunter, Michael) |
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TEXT ORDER granting #18 Motion of Joshua J. Whiteside to Withdraw as Counsel for Plaintiff. Attorney Joshua James Whiteside now terminated from this case. Entered by Magistrate Judge Jonathan E. Hawley on 6/21/2021. (KZ)
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| Filing 18 MOTION to Withdraw as Attorney Joshua J. Whiteside by Plaintiff Cincinnati Insurance Company as subrogee of Midstate Manufacturing Company. Responses due by 7/1/2021 (Whiteside, Joshua) |
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TEXT ORDER striking #17 the Plaintiff's First Rule 36 Requests to Admit to Defendant, Progress Rail Services Corporation. This document #17 is not a motion though it was filed as such. Thus, it is STRICKEN. The Plaintiff is reminded that discovery requests are not to be filed with the Court. Entered by Magistrate Judge Jonathan E. Hawley on 12/16/2020. (KZ, ilcd)
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| Filing 17 First MOTION Rule 36 Requests to Admit by Plaintiff Cincinnati Insurance Company as subrogee of Midstate Manufacturing Company. Responses due by 12/29/2020 (Attachments: #1 Exhibit A)(Poindexter, David) |
| Filing 16 NOTICE of Appearance of Attorney by David L Poindexter on behalf of Cincinnati Insurance Company as subrogee of Midstate Manufacturing Company (Poindexter, David) |
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TEXT ORDER granting #15 agreed Motion for Extension of Time to Complete Discovery. Discovery due by 6/29/2021. Dispositive Motions due by 7/26/2021. Proposed Pretrial Order due by 10/27/2021. Final Pretrial Conference reset for 11/3/2021 at 11:00 AM and Jury Trial reset for 12/20/2021 at 9:00 AM, both hearings in U.S. Courthouse,131 E 4th Street, Davenport, IA 52801 before Chief Judge Sara Darrow. Entered by Magistrate Judge Jonathan E. Hawley on 12/15/20. (WG, ilcd)
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| Filing 15 MOTION for Extension of Time to Complete Discovery by Plaintiff Cincinnati Insurance Company as subrogee of Midstate Manufacturing Company. Responses due by 12/28/2020 (McGuire, Mark) |
| Filing 14 NOTICE of Appearance of Attorney by Mark L McGuire on behalf of Cincinnati Insurance Company as subrogee of Midstate Manufacturing Company (McGuire, Mark) |
| Filing 13 TEXT ORDER by U.S. Magistrate Judge Jonathan E. Hawley: The Court adopts the Discovery Plan #12 . Discovery due by 4/30/2021. Dispositive Motions due by 5/28/2021. Proposed pretrial order due by 8/24/2021. Final Pretrial Conference set for 8/31/2021 at 10:00 AM and Jury Trial set for 10/18/2021 at 9:00 AM, BOTH in Courtroom of the Davenport, Iowa U.S. District Courthouse before Chief District Judge Darrow. Rule 16 conference set 6/5/20 at 9:45 AM is VACATED. Court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are expected to review Judge Hawleys Standing Order that was revised on 12/6/2018. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. Parties are reminded of option of Court sponsored mediation/Settlement Conference. Counsel/Parties are reminded of the importance of appearing for hearings scheduled via telephone. Failure to appear will result in in-person appearances for all further proceedings. Entered: 5/20/2020. (WG, ilcd) |
| Filing 12 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Cincinnati Insurance Company as subrogee of Midstate Manufacturing Company. (Whiteside, Joshua) |
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Filing 11
TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 6/5/2020 at 9:45 AM via telephone. Counsel are to phone into conference by calling 571-353-2300, then enter 287753270#. Please announce your name each time prior to speaking unless the judge asks a question directly to you so that the speaker may be identified by all. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 6/2/2020. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 4/29/2020. (WG, ilcd)
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| Filing 10 ANSWER to Complaint AND AFFIRMATIVE DEFENSES by Progress Rail Services Corporation.(Hunter, Michael) |
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Filing 9
ORDER entered by Chief Judge Sara Darrow on April 23, 2020. The #7 Rule 12(b)(6) Motion to Dismiss and Incorporated Memorandum of Law is DENIED. Defendant Progress Rail Services Corporation's answer is due May 7, 2020. See Fed. R. Civ. P. 12(a)(4)(A). (AK, ilcd)
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| Filing 8 MEMORANDUM in Opposition re #7 MOTION to Dismiss and Incorporated Memorandum of Law filed by Plaintiff Cincinnati Insurance Company as subrogee of Midstate Manufacturing Company. (Whiteside, Joshua) |
| Filing 7 MOTION to Dismiss and Incorporated Memorandum of Law by Defendant Progress Rail Services Corporation. Responses due by 10/30/2019 (Hunter, Michael) |
| Filing 6 NOTICE of Appearance of Attorney by Joshua James Whiteside on behalf of Cincinnati Insurance Company as subrogee of Midstate Manufacturing Company (Whiteside, Joshua) |
| Filing 5 NOTICE of FRCP 7.1 and LR 11.3 Disclosure for Cincinnati Insurance Company (Whiteside, Joshua) |
| Filing 4 NOTICE of Filing Notice of Removal to Plaintiff (Hunter, Michael) |
| Filing 3 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 Corporation's Certificate of Interest by Progress Rail Services Corporation. (Hunter, Michael) |
| Filing 2 NOTICE to Plaintiff of Removal re #1 Notice of Removal, (Hunter, Michael) |
| Filing 1 NOTICE OF REMOVAL from Knox County Circuit Court, case number 19-LL-0041 (Filing fee $ 400 receipt number 0753-3215599), filed by Progress Rail Services Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hunter, Michael) (Additional attachment(s) added on 10/9/2019: #5 Civil Cover Sheet/ same form dollar amount added) (KB, ilcd). |
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| Defendant: Progress Rail Services Corporation | |
| Represented By: | Michael B Hunter |
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| Plaintiff: Cincinnati Insurance Company as subrogee of Midstate Manufacturing Company | |
| Represented By: | Joshua James Whiteside |
| Represented By: | Mark L McGuire |
| Represented By: | David L Poindexter |
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