Rising Dough Inc et al vs Society Insurance
| Green Hills Grille LLC, Willy McCoys of Chaska LLC, Willy McCoys of Albertville LLC, Whiskey Jacks of Ramsey LLC doing business as Willy McCoys Ramsey, Willy McCoys of Andover LLC, Cash-McKeown Futures LLC, Willy McCoys of Shakopee LLC doing business as McCoys Copper Pint and Rising Dough Inc doing business as Madison Sourdough |
| Society Insurance |
| National Independent Venue Association and United Policyholders |
| 1:2020cv05981 |
| October 13, 2020 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Contract: Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 13, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 49 MAILED MDL Transfer In Letter to all counsel of record. (bg, ) |
| Filing 48 RECEIVED from Wisconsin Eastern; Case Number 2:20-cv-00623 (bg) |
| Case Electronically Transmitted to the USDC Northern District of Illinois on 10/7/2020. (ds) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 47 TRANSFER ORDER from the MDL Panel signed on 10/2/2020 transferring this case to the Northern District of IL upon receipt of a certified order from that court. (cc: all counsel)(kmm) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 46 NOTICE by All Plaintiffs Second Notice of Supplemental Authority ISO Their Opposition to Motion to Dismiss (Attachments: #1 Exhibit A: Optical Services USA v Franklin Mut. Ins. Co. Transcript of Aug. 13 2020 Denial of MTD)(Burns, Timothy) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 45 SUPPLEMENT by Society Insurance Second Notice of Supplemental Authorities in Support of Motion to Dismiss. (Cain, Janet) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 44 NOTICE by Society Insurance of Supplemental Authority in Opposition to Leave for Amici Curiae (Dkt. 39) (Attachments: #1 Exhibit A)(Vogt, Heidi) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 43 APPENDIX by All Plaintiffs Submitted in Support of Plaintiffs Reply in Support of Its Motion for a Temporary Stay. (Attachments: #1 Appendix 1: JPML August 12 Order, #2 Appendix 2: Nue v Oregon Mutual Stay Order, #3 Appendix 3: Laser Spa of Rochester v Erie Stay Order, #4 Appendix 4: Germack DDS v Dentists Ins. Co. Stay Order)(Burns, Timothy) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 42 REPLY BRIEF in Support filed by All Plaintiffs re #23 MOTION to Stay . (Burns, Timothy) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 41 NOTICE by All Plaintiffs Supplemental Authority ISO Their Opposition to Defendant's Motion to Dismiss (Attachments: #1 Exhibit A: Studio 417 v Cincinnati Order Denying Defendants MTD, #2 Exhibit B: Hopps v Cincinnati Order Denying MTD)(Burns, Timothy) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 40 APPENDIX by Society Insurance of Unpublished Authorities In Opposition to Leave to Appear as Amici Curiae. (Attachments: #1 Appendix 1 to Defendant's Appendix of Unpublished Authorities in Opposition to Motion for Amici Curiae)(Cain, Janet) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 39 BRIEF in Opposition filed by Society Insurance re #28 MOTION to File Amicus Brief . (Cain, Janet) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 38 APPENDIX by Society Insurance of Unpublished Authorities re Def's Response to Plaintiff's Motion for a Temporary Stay. (Attachments: #1 Appendix 1 to Def's Appendix of Unpublished Auth's re Def's Response to Pls' Motion for a Temporary Stay, #2 Appendix 2 to Def's Appendix of Unpublished Auth's re Def's Response to Pls' Motion for a Temporary Stay, #3 Appendix 3 to Def's Appendix of Unpublished Auth's re Def's Response to Pls' Motion for a Temporary Stay, #4 Appendix 4 to Def's Appendix of Unpublished Auth's re Def's Response to Pls' Motion for a Temporary Stay, #5 Appendix 5 to Def's Appendix of Unpublished Auth's re Def's Response to Pls' Motion for a Temporary Stay, #6 Appendix 6 to Def's Appendix of Unpublished Auth's re Def's Response to Pls' Motion for a Temporary Stay, #7 Appendix 7 to Def's Appendix of Unpublished Auth's re Def's Response to Pls' Motion for a Temporary Stay, #8 Appendix 8 to Def's Appendix of Unpublished Auth's re Def's Response to Pls' Motion for a Temporary Stay, #9 Appendix 9 to Def's Appendix of Unpublished Auth's re Def's Response to Pls' Motion for a Temporary Stay, #10 Appendix 10 to Def's Appendix of Unpublished Auth's re Def's Response to Pls' Motion for a Temporary Stay)(Cain, Janet) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 37 RESPONSE to Motion filed by Society Insurance re #23 MOTION to Stay . (Cain, Janet) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 36 RESPONSE filed by All Plaintiffs re #35 Notice, Plaintiffs Response to Society Insurance Notice of Supplemental Authority (Attachments: #1 Exhibit A: Society's Opposition to JPML Motion to Transfer)(Burns, Timothy) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 35 NOTICE by Society Insurance of Supplemental Authority in Support of Motion to Dismiss (Attachments: #1 Exhibit A Notice of Supplemental Authority in Support of Motion to Dismiss, #2 Exhibit B Notice of Supplemental Authority in Support of Motion to Dismiss)(Cain, Janet) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 34 DISCLOSURE Statement by Society Insurance. (Cain, Janet) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 33 SUPPLEMENT by Society Insurance Supplemental Appendix. (Attachments: #1 Exhibit Exh. 1 to Defendant's Supplemental Appendix, #2 Exhibit Exh. 2 to Defendant's Supplemental Appendix, #3 Exhibit Exh. 3 to Defendant's Supplemental Appendix, #4 Exhibit Exh. 4 to Defendant's Supplemental Appendix, #5 Exhibit Exh. 5 to Defendant's Supplemental Appendix)(Cain, Janet) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 32 REPLY BRIEF in Support filed by Society Insurance re #19 MOTION to Dismiss (Fed. R. Civ. P. 12(b)(6)) . (Cain, Janet) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 31 DISCLOSURE Statement by United Policyholders. (Phillips, Christina) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 30 DISCLOSURE Statement by National Independent Venue Association. (Phillips, Christina) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 29 NOTICE of Appearance by Christina M Phillips on behalf of National Independent Venue Association, United Policyholders. Attorney(s) appearing: Christina M. Phillips (Phillips, Christina) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 28 MOTION to File Amicus Brief by United Policyholders, National Independent Venue Association. (Attachments: #1 Exhibit A)(Phillips, Christina) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 27 APPENDIX by All Plaintiffs re Plaintiffs Brief in Opposition to Society Insurance Motion to Dismiss. (Attachments: #1 Appendix 1: E.D. Wis. General Order 20-04, #2 Appendix 2: E.D. Wis. General order 20-11, #3 Appendix 3: NYC Emergency Exec Order No. 100, #4 Appendix 4: Broward County Emergency Order 20-01, #5 Appendix 5: Harris Cty TX Office of Homeland Security & Emergency Mgt Order, #6 Appendix 6: Napa Cty Cal Health Human Service Agency Order, #7 Appendix 7: City of Key West FL State of Local Emergency Directive 2020-03, #8 Appendix 8: City of Oakland Park FL Local Public Emergency Action Directive, #9 Appendix 9: Panama City FL Resolution No. 20200318.1, #10 Appendix 10: Executive Order of the Hillsborough County FL Emergency Policy Group, #11 Appendix 11: Colorado Dept of Public Health Updated Public Health Order No 20-04, #12 Appendix 12: Part 1: Sixth Supp to Mayoral Proclamation Declaring the Existence of a Local Emergency, #13 Appendix 12: Part 2: Sixth Supp to Mayoral Proclamation Declaring the Existence of a Local Emergency, #14 Appendix 13: City of Durham NC Second Amendment to Declaration of State of Emergency, #15 Appendix 14: Hotel Chain to Get Payout for SARS-related Losses, #16 Appendix 15: Ashland Hosp v Affiliated FM Ins, #17 Appendix 16: Prudential Property & Casualty v Lillard-Roberts, #18 Appendix 17: Columbiaknit v Affiliated FM Ins, #19 Appendix 18: Manpower v Insurance Co of State of Pennsylvania, #20 Appendix 19: One Place Condo v Travelers Property Cas., #21 Appendix 20: Nautilus Group v Allianz Global Risks, #22 Appendix 21: Total Intermodal v Travelers Property Casualty, #23 Appendix 22: Stack Metallurgical v Travelers Indemnity of Connecticut, #24 Appendix 23: Oregon Shakespeare Festival v Great American Ins., #25 Appendix 24: Gregory Packaging v Travelers Property Cas., #26 Appendix 25: Cooper v Travelers Indemnity of Illinois, #27 Appendix 26: Motorists Mutual v Hardinger, #28 Appendix 27: Farnsworth on Contracts 3d ed 2004, #29 Appendix 28: Direct Definition Merriam-Webster.com, #30 Appendix 29: Physical Definition Merriam-Webster.com, #31 Appendix 30: Physical Synonyms Thesaurus.com, #32 Appendix 31: Loss Definition Merriam-Webster.com, #33 Appendix 32: Loss Synonyms Thesaurus.com, #34 Appendix 33: Damage Definition Merriam-Webster.com, #35 Appendix 34: Damage Synonyms Thesaurus.com, #36 Appendix 35: Hinder Definition Dictionary.com, #37 Appendix 36: Prohibit Definition Dictionary.com)(Burns, Timothy) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 26 BRIEF in Opposition filed by All Plaintiffs re #19 MOTION to Dismiss (Fed. R. Civ. P. 12(b)(6)) . (Burns, Timothy) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 25 APPENDIX by All Plaintiffs . (Attachments: #1 Appendix 1: CDC Case Tracking, #2 Appendix 2: NYT, #3 Appendix 3: Hartford Resource Center, #4 Appendix 4: Travelers Resource Center, #5 Appendix 5: Bad River Band of Lake Superior Chippewa Indians v Purdue Pharma LP, #6 Appendix 6: Lac Courte Oreilles Band of Lake Superior Chippewa Indians v McKesson Corp., #7 Appendix 7: Paul v Aviva Life and Annuity Co., #8 Appendix 8: Azar v Merck and Co Inc., #9 Appendix 9: Motion for Stay - Nue Order, #10 Appendix 10: Motion for Stay - Laser Spa Order, #11 Appendix 11: Motion for Stay - Germack, #12 Appendix 12: Motion for Stay - Caribe Order, #13 Appendix 13: Motion for Stay - Cosmetic Laser, #14 Appendix 14: Motion for Stay - Stuart v DaimlerChrysler Corp., #15 Appendix 15: Motion for Stay - Short v Hyundai Motor America, #16 Appendix 16: Declaration of Tom Baker)(Burns, Timothy) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 24 BRIEF in Support filed by All Plaintiffs re #23 MOTION to Stay . (Burns, Timothy) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 23 MOTION to Stay by All Plaintiffs. (Burns, Timothy) [Transferred from Wisconsin Eastern on 10/13/2020.] |
TEXT ONLY ORDER by Judge J P Stadtmueller on 7/1/2020. Upon consideration of #22 Parties' Stipulation to Extend Time, the Court ADOPTS the parties' stipulation and ORDERS Plaintiffs to respond to #19 Defendant's Motion to Dismiss on or before 7/20/2020. (cc: all counsel)(jm) [Transferred from Wisconsin Eastern on 10/13/2020.]
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| Filing 22 STIPULATION to Extend Time to Respond to Defendant's Motion to Dismiss by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Burns, Timothy) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 21 APPENDIX by Society Insurance of Unpublished Authorities Submitted in Support of Motion to Dismiss. (Attachments: #1 Exhibit 1.Wis. Emergency Order No. 5, #2 Exhibit 2.Wis. Emergency Order No. 8,, #3 Exhibit 3.Wis. Emergency Order No. 12, #4 Exhibit 4.Minn. Emergency Exec. Order No 20-01, #5 Exhibit 5.Minn. Emergency Exec. Order No. 20-04, #6 Exhibit 6.Minn. Emergency Exec. Order No. 20-18, #7 Exhibit 7.Minn. Emergency Exec. Order No. 20-20, #8 Exhibit 8.Tenn. Exec. Order No. 17, #9 Exhibit 9.Tenn. Exec. Order No. 21, #10 Exhibit 10.Tenn. Exec. Order No. 22, #11 Exhibit 11.Tenn. Exec. Order No. 27, #12 Exhibit 12.ERA Franchise Sys., LLC v. Hoppens Realty, Inc., No. 12-CV-594-SLC, 2013 WL 3967869, at *5 (W.D. Wis. July 31, 2013), #13 Exhibit 13.3303-05 Marina Road LLC v West Bend Mutual Insurance Company, 2009AP1629, 2010 WL 3489391 (Wis. Ct. App. Sep. 8, 2010), #14 Exhibit 14.General Cas. Co. of Wisconsin v. Rainbow Insulators, Inc., 2010AP347 2011 WL 1162088 (Wis. Ct. App. March 31, 2011), #15 Exhibit 15.Universal Image Prods., Inc. v. Fed. Ins. Co., 475 Fed. Appx. 569 (6th Cir. 2012), #16 Exhibit 16.Columbiaknit, Inc. v. Affiliated FM Ins. Co., No. Civ. 98434HU, 1999 WL 619100, at *7 (D. Or. Aug. 4, 1999), #17 Exhibit 17.Paradies Shops, Inc. v. Hartford Fire Ins. Co., 2004 WL 5704715, at *1-2, *6-8 (N.D. Ga. Dec. 15, 2004), #18 Exhibit 18.S. Tex. Med. Clinics, P.A. v. CNA Fin. Corp., 2008 WL 450012, at *10 (S.D. Tex. Feb. 15, 2008))(Vogt, Heidi) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 20 BRIEF in Support filed by Society Insurance re #19 MOTION to Dismiss (Fed. R. Civ. P. 12(b)(6)) . (Vogt, Heidi) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 19 MOTION to Dismiss (Fed. R. Civ. P. 12(b)(6)) by Society Insurance. (Vogt, Heidi) [Transferred from Wisconsin Eastern on 10/13/2020.] |
|
Filing 18
ORDER OF RECUSAL signed by Chief Judge Pamela Pepper on 5/11/2020. Chief Judge Pamela Pepper recused. Case reassigned to Judge J.P. Stadtmueller for all further proceedings. (cc: all counsel)(cb) [Transferred from Wisconsin Eastern on 10/13/2020.]
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| Case reassigned to Chief Judge Pamela Pepper. Magistrate Judge William E Duffin no longer assigned to the case. (mlm) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 17 STIPULATION for Time to Answer or Otherwise Respond to the Amended Complaint by Society Insurance. (Attachments: #1 Text of Proposed Order)(Kushner, Beth) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 16 Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Burns, Timothy) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 15 DISCLOSURE Statement by All Plaintiffs. (Burns, Timothy) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 14 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Willy McCoys of Shakopee LLC, Whiskey Jacks of Ramsey LLC, Willy McCoys of Andover LLC, Rising Dough Inc, Willy McCoys of Albertville LLC, Willy McCoys of Chaska LLC, Green Hills Grille LLC, Cash-McKeown Futures LLC. (Attachments: #1 Exhibit A: Madison Sourdough policy, #2 Exhibit B: Willy McCoys Albertville policy, #3 Exhibit C: Willy McCoys Andover policy, #4 Exhibit D: Willy McCoys Chaska policy, #5 Exhibit E: Willy McCoys Shakopee policy, #6 Exhibit F: Willy McCoys Ramsey policy, #7 Exhibit G: Mere Bulles policy, #8 Exhibit H: Green Hills Grille 2019-2020 policy, #9 Exhibit I: Greens Hills Grille 2020-2021 policy)(Burns, Timothy)[Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 13 ADMISSION OF SERVICE of Summons, Complaint, Exhibits A-F, Civil Cover Sheet, Corporate Disclosure Statement, Consent/Refusal to Proceed Before Magistrate Judge form on April 21, 2020 by Bill Bunzel of Society Insurance (Burns, Timothy) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 12 NOTICE of Appearance by Janet E Cain on behalf of Society Insurance. Attorney(s) appearing: Janet Cain (Cain, Janet) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 11 NOTICE of Appearance by Christopher E Avallone on behalf of Society Insurance. Attorney(s) appearing: Christopher E. Avallone (Avallone, Christopher) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 10 NOTICE of Appearance by Beth J Kushner on behalf of Society Insurance. Attorney(s) appearing: Beth J. Kushner (Kushner, Beth) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 9 NOTICE of Appearance by Heidi L Vogt on behalf of Society Insurance. Attorney(s) appearing: Heidi L. Vogt (Vogt, Heidi) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 8 NOTICE from Plaintiffs' re: Subsequent Motion for Transfer of Actions to MDL No. 2942 in the N.D. of Illinois. (mlm) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 7 NOTICE of Appearance by Adam J Levitt on behalf of Rising Dough Inc, Whiskey Jacks of Ramsey LLC, Willy McCoys of Albertville LLC, Willy McCoys of Andover LLC, Willy McCoys of Chaska LLC, Willy McCoys of Shakopee LLC. Attorney(s) appearing: Adam J. Levitt (Levitt, Adam) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 6 NOTICE of Appearance by Freya K Bowen on behalf of All Plaintiffs. Attorney(s) appearing: Freya K. Bowen (Bowen, Freya) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 5 REQUEST for Issuance of Summons by All Plaintiffs (Burns, Timothy) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Case Opening Modification(s); The following modification have been made to your case entry: The attached summons was not prepared using the version found on our website - please follow the instructions and resubmit the summons using the event Request for Issuance of Summons which is found under the heading other documents. ; Please refer to the # attorney case opening instructions, the # summons instructions and the # party name guidelines found in the user manual for further guidance (mlm) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Summons Issued as to Society Insurance. (mlm) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 4 NOTICE of Appearance by Jeff J Bowen on behalf of All Plaintiffs. Attorney(s) appearing: Jeff J. Bowen (Bowen, Jeff) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 3 NOTICE of Appearance by Jesse J Bair on behalf of All Plaintiffs. Attorney(s) appearing: Jesse J. Bair (Bair, Jesse) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 2 DISCLOSURE Statement by Rising Dough Inc., Whiskey Jacks of Ramsey LLC, Willy McCoys of Albertville LLC, Willy McCoys of Andover LLC, Willy McCoys of Chaska LLC, Willy McCoys of Shakopee LLC. (Burns, Timothy) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| Filing 1 COMPLAINT with Jury Demand; against Society Insurance by Willy McCoys of Shakopee LLC, Whiskey Jacks of Ramsey LLC, Willy McCoys of Andover LLC, Rising Dough Inc., Willy McCoys of Albertville LLC, Willy McCoys of Chaska LLC, Society Insurance. (Attachments: #1 Exhibit A: Madison Sourdough policy, #2 Exhibit B: Willy McCoys Albertville policy, #3 Exhibit C: Willy McCoys Andover policy, #4 Exhibit D: Willy McCoys Chaska policy, #5 Exhibit E: Willy McCoys Shakopee policy, #6 Exhibit F: Willy McCoys Ramsey policy, #7 Civil Cover Sheet, #8 Summons)(Burns, Timothy) [Transferred from Wisconsin Eastern on 10/13/2020.] |
| NOTICE Regarding assignment of this matter to Magistrate Judge William E Duffin ;Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days;the consent/refusal form is available on our website ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed (jcl) [Transferred from Wisconsin Eastern on 10/13/2020.] |
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