Evangelical Students Fellowship v. American Family Mutual Insurance Company, S.I.
| Evangelical Students Fellowship, Ann Phelps and Michael Phelps |
| AMERICAN FAMILY MUTUAL INSURANCE COMPANY, S.I. |
| 1:2021cv02014 |
| April 14, 2021 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Nancy L Maldonado |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on August 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 74 MINUTE entry before the Honorable Nancy L. Maldonado: Pursuant to the stipulation of dismissal per Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this case is dismissed with prejudice. Civil case terminated. (ca, ) |
| Filing 73 STIPULATION of Dismissal (Peterson, Erik) |
| Filing 72 MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed the parties' joint status report, which states that the parties conducted a productive mediation session on 5/31/23 but did not settle. They say they continue to pursue a mediated resolution, including through additional analysis of a large set of claims data. The parties shall file a joint status report by 8/7/23 updating the Court on settlement. The Court notes that by 8/7/23, this case will have been stayed for a year for the parties to pursue settlement; therefore, if the parties have not settled, the report shall propose reasonable case management deadlines. A status hearing is set for 8/15/23 at 10:30 a.m. by WebEx video conference. The dial-in number for the public is: 650-479-3207; access code is: 23033221828. The parties will receive a WebEx invitation by email. (ca, ) |
| Filing 71 STATUS Report Joint Status Report by American Family Mutual Insurance Company, S.I. (LaTarte, Larry) |
| Filing 70 MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed the joint status report #69 , which states that the parties rescheduled the mediation for 5/31/23. By 6/7/23, the parties shall file a joint status report regarding the status of settlement. (ca, ) |
| Filing 69 STATUS Report JOINT STATUS REPORT by American Family Mutual Insurance Company, S.I. (Van Oort, Aaron) |
| Filing 68 MINUTE entry before the Honorable Nancy L. Maldonado:The Court has reviewed the supplemental joint status report #67 , which states that mediation is scheduled for 4/11/23. By 4/18/23, the parties shall file a joint status report regarding the status of settlement. (ca, ) |
| Filing 67 STATUS Report (Supplemental) by Evangelical Students Fellowship, Ann Phelps, Michael Phelps (Snodgrass, Thomas) |
| Filing 66 MINUTE entry before the Honorable Nancy L. Maldonado:The Court has reviewed the parties' joint status report #65 , which states the parties have agreed to conduct mediation with retired Southern District of Illinois Magistrate Judge Steven Williams and are working to secure a mediation date in early April. The parties expect to have the mediation date set within the next week. By 2/24/23, the parties shall file a supplemental status report informing the Court of the date of mediation. Within seven days of the mediation, the parties shall file a joint status report regarding the status of settlement. (ca, ) |
| Filing 65 STATUS Report (Joint) by American Family Mutual Insurance Company, S.I. (Van Oort, Aaron) |
| Filing 64 NOTICE by Erik David Peterson of Change of Address (Peterson, Erik) |
| Filing 63 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 62 MINUTE entry before the Honorable Nancy L. Maldonado:The Court has reviewed the parties' joint status report #61 . The parties report that they are still gathering claims data and request 90 days to continue settlement negotiations. By 2/14/2023, the parties shall file a joint status report to update the Court on the status of settlement. If the parties have not reached a settlement in principle by that time, they shall include proposed case management deadlines in the report. The parties should contact the courtroom deputy if they are interested in a referral to the assigned magistrate judge for a settlement conference. (ca, ) |
| Filing 61 STATUS Report JOINT INITIAL STATUS REPORT FOR REASSIGNED CASE by American Family Mutual Insurance Company, S.I. (Van Oort, Aaron) |
| Filing 60 MINUTE entry before the Honorable Nancy L. Maldonado: This case has recently been reassigned to the calendar of the Honorable Nancy L. Maldonado. By 11/11/2022, the parties shall file a joint Initial Status Report for Reassigned Cases that complies with the Court's standing order, which can be found on the Court's website. In the status report, the parties should pay particular attention to the section on settlement and, if appropriate, propose revised case management dates. The Court reminds the parties that a magistrate judge is available to assist with settlement negotiations and conduct a settlement conference. The parties should contact the courtroom deputy if they are interested in a referral to the magistrate judge for settlement. (ca, ) |
| Filing 59 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 22-0018: Pursuant that to the Executive Committee Order entered on September 9, 2022, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Nancy L. Maldonado; therefore IT IS HEREBY ORDERED that the attached list of 287 cases be reassigned to the Honorable Nancy L. Maldonado; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Nancy L. Maldonado's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Nancy L. Maldonado to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such case; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Nancy L. Maldonado to the Court's criminal case assignment system ninety (90) days so that Judge Maldonado shall thereafter receive a full share of such cases. Case reassigned to the Honorable Nancy L. Maldonado for all further proceedings. Honorable John Robert Blakey no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/03/2022.(tg, ) |
| Filing 58 MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' joint motion to stay deadlines #56 and hereby vacates all set dates and deadlines to allow the parties to explore settlement. If at any time the parties agree that a referral to the assigned Magistrate Judge could be helpful, they should call chambers to so advise, and the Court will enter an appropriate referral order. The parties shall file an updated status report by 11/11/22 concerning settlement and, if appropriate, proposing revised case management dates. The 8/11/22 Notice of Motion date is stricken. Mailed notice (gel, ) |
| Filing 57 Amended NOTICE of Motion by Aaron Daniel Van Oort for presentment of motion to stay #56 before Honorable John Robert Blakey on 8/11/2022 at 11:00 AM. (Van Oort, Aaron) |
| Filing 56 MOTION by Defendant American Family Mutual Insurance Company, S.I. to stay Joint Motion to Stay Deadlines (Van Oort, Aaron) |
| Filing 55 NOTICE of Motion by Aaron Daniel Van Oort for presentment of before Honorable John Robert Blakey on 8/11/2022 at 11:00 AM. (Van Oort, Aaron) |
| Filing 54 MINUTE entry before the Honorable John Robert Blakey: Oral agreed motion to moot Defendant's motion to strike #38 is granted. Mailed notice (gel, ) |
| Filing 53 Second AMENDED complaint by Evangelical Students Fellowship, Michael Phelps, Ann Phelps against American Family Mutual Insurance Company, S.I. (Peterson, Erik) |
| Filing 52 REPLY by Defendant American Family Mutual Insurance Company, S.I. to notice of motion #39 (Van Oort, Aaron) |
| Filing 51 Plaintiffs' Response to Notice of Supplemental Authority in Support of Defendant's Motion to Strike Dkt #49 by Evangelical Students Fellowship, Ann Phelps, Michael Phelps (Snodgrass, Thomas) Modified on 6/10/2022 (kl, ). |
| Filing 50 Plaintiffs' Memorandum of Law in Opposition to Defendant's Motion to Strike Dkt. #38 by Evangelical Students Fellowship, Ann Phelps, Michael Phelps (Attachments: #1 Exhibit A-C Tables)(Snodgrass, Thomas) Modified on 6/10/2022 (kl, ). |
| Filing 49 Notice of Supplemental Authority in Support of Defendant's Motion to Strike by American Family Mutual Insurance Company, S.I. (Attachments: #1 Exhibit 1)(Van Oort, Aaron) |
| Filing 48 MINUTE entry before the Honorable John Robert Blakey:Oral agreed motion to extend briefing schedule as to Defendant's motion to strike is granted. Plaintiff shall respond by 6/10/22, Defendant shall reply by 7/1/22, and the Court will rule in due course. Minute entry 43 is stricken. Attorney motion to withdraw #44 is stricken and Defendant's amended motion to withdraw as attorney for American Family Mutual Insurance Company #46 is granted. Plaintiff's motion to set briefing schedule #47 is moot. Mailed notice (gel, ) |
| Filing 47 MOTION by Plaintiffs Evangelical Students Fellowship, Ann Phelps, Michael Phelps to set a briefing schedule regarding Defendant's Motion to Strike (Dkt. 38) (Snodgrass, Thomas) |
| Filing 46 MOTION by Defendant American Family Mutual Insurance Company, S.I. to amend/correct MOTION by Attorney Mark Johnson, Kevin Zimmerman and Justin Donoho to withdraw as attorney for American Family Mutual Insurance Company, S.I.. No party information provided #44 (Johnson, Mark) |
| Filing 45 AMENDED motion to withdraw as attorney #44 (Johnson, Mark) |
| Filing 44 MOTION by Attorney Mark Johnson, Kevin Zimmerman and Justin Donoho to withdraw as attorney for American Family Mutual Insurance Company, S.I.. No party information provided (Johnson, Mark) |
| Filing 43 MINUTE entry before the Honorable John Robert Blakey: The Court enters and continues Defendant's Motion to Strike #38 certain class allegations. Plaintiff shall respond by 6/10/22, Defendant shall reply by 6/24/22, and the Court will rule in due course. The Court also hereby strikes Defendant's 5/24/22 notice of motion date. is entered and continuedMailed notice(gel, ) |
| Filing 42 ATTORNEY Appearance for Defendant American Family Mutual Insurance Company, S.I. by Justin O'Neill Kay (Kay, Justin) |
| Filing 41 ATTORNEY Appearance for Defendant American Family Mutual Insurance Company, S.I. by Larry Eugene LaTarte, Jr (LaTarte, Larry) |
| Filing 40 Brief in Support of Motion to Strike by American Family Mutual Insurance Company, S.I. (Attachments: #1 Exhibit A - ESF Policy, #2 Exhibit B - Phelps Policy)(Van Oort, Aaron) |
| Filing 39 NOTICE of Motion by Aaron Daniel Van Oort for presentment of motion to strike #38 before Honorable John Robert Blakey on 5/24/2022 at 11:00 AM. (Van Oort, Aaron) |
| Filing 38 MOTION by Defendant American Family Mutual Insurance Company, S.I. to strike (Van Oort, Aaron) |
| Filing 37 ATTORNEY Appearance for Defendant American Family Mutual Insurance Company, S.I. by Aaron Daniel Van Oort (Van Oort, Aaron) |
| Filing 36 MINUTE entry before the Honorable John Robert Blakey: Defendant's unopposed motion for leave to file additional appearance #35 is granted. Mr. Kay, Mr. LaTarte, and Mr. Van Oort are granted leave to file their appearances. Mailed notice (gel, ) |
| Filing 35 MOTION by Defendant American Family Mutual Insurance Company, S.I.Leave to File Additional Appearance - Unopposed (Fliegel, Joshua) |
| Filing 34 NOTICE by Thomas Joseph Snodgrass of Change of Address (Snodgrass, Thomas) |
| Filing 33 NOTICE by Erik David Peterson of Change of Address (Peterson, Erik) |
| Filing 32 AGREED CONFIDENTIALITY ORDER Signed by the Honorable John Robert Blakey on 1/13/2022.Mailed notice(mjc, ) |
| Filing 31 MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' joint motion for entry of an agreed confidentiality order #30 . Enter Order. Mailed notice (mjc, ) |
| Filing 30 MOTION by Defendant American Family Mutual Insurance Company, S.I. for protective order (Attachments: #1 Exhibit Agreed Confidentiality Order)(Johnson, Mark) |
| Filing 29 MINUTE entry before the Honorable John Robert Blakey: The Court adopts in part the parties' proposed schedule, see #28 , and sets case management dates as follows: the parties shall exchange Rule 26(a)(1) disclosures by 12/22/21, amend their pleadings (to add claims, parties, etc.) by 1/19/22, and complete all discovery relating to Plaintiff's individual claims and to class certification by 11/18/22. This is a generous schedule, and the Court will not extend it, absent an appropriate showing. The parties shall file an updated status report by 10/17/22 confirming that they are on track to meet this schedule and proposing a reasonable briefing schedule for any class certification motion. Mailed notice (gel, ) |
| Filing 28 STATUS Report of Parties by American Family Mutual Insurance Company, S.I. (Johnson, Mark) |
| Filing 27 ANSWER to amended complaint by American Family Mutual Insurance Company, S.I.(Johnson, Mark) |
| Filing 26 ATTORNEY Appearance for Plaintiffs Evangelical Students Fellowship, Ann Phelps, Michael Phelps by Thomas Joseph Snodgrass (Snodgrass, Thomas) |
| Filing 25 First AMENDED complaint by Evangelical Students Fellowship, Ann Phelps, Michael Phelps against American Family Mutual Insurance Company, S.I. (Peterson, Erik) |
| Filing 24 MINUTE entry before the Honorable John Robert Blakey:The Court grants Plaintiff's motion for leave to file an amended complaint #23 and directs Plaintiff to file the proposed pleading [23-2] as a separate docket entry by 11/8/21. Defendant shall answer or otherwise respond to the complaint by 11/29/21. The Court hereby extends the parties' 11/10/21 status report deadline to 12/1/21. Mailed notice (air, ) |
| Filing 23 MOTION by Plaintiff Evangelical Students Fellowship for leave to file First Amended Complaint (Attachments: #1 Supplement Memorandum in Support of Motion, #2 Exhibit 1 to Memo - 1st Amended Complaint, #3 Text of Proposed Order)(Peterson, Erik) |
| Filing 22 MINUTE entry before the Honorable John Robert Blakey: The Court hereby lifts the stay imposed 5/19/21, see #14 . The parties shall file an updated status report by 11/10/21 proposing a reasonable fact discovery cutoff, indicating whether either party requires expert discovery (and, if so, proposing a reasonable schedule for same), and indicating whether either side plans to seek summary judgment (and, if so, proposing a reasonable schedule for same). If the parties decide that a settlement conference with the assigned Magistrate Judge could be helpful, they should call chambers to so advise, and the Court will enter an appropriate referral order. Mailed notice (gel, ) |
| Filing 21 ATTORNEY Appearance for Plaintiff Evangelical Students Fellowship by Erik David Peterson (Peterson, Erik) |
| Filing 20 Defendant's ANSWER to Complaint with Jury Demand by American Family Mutual Insurance Company, S.I.(Johnson, Mark) |
| Filing 19 STATUS Report of Joint Parties by American Family Mutual Insurance Company, S.I. (Attachments: #1 Exhibit Sproull v. State Farm Decision)(Johnson, Mark) |
| Filing 18 MINUTE entry before the Honorable John Robert Blakey: Thomas Snodgrass' motion for leave to appear pro hac vice #17 is granted. Mailed notice (gel, ) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18713150. (Attachments: #1 bar admissions)(Snodgrass, Thomas) |
| Filing 16 WITHDRAWING Justin R. Donoho as counsel for Defendant American Family Mutual Insurance Company, S.I. and substituting Joshua Michael Fliegel as counsel of record (Fliegel, Joshua) |
| Filing 15 ATTORNEY Appearance for Defendant American Family Mutual Insurance Company, S.I. by Joshua Michael Fliegel (Fliegel, Joshua) |
| Filing 14 MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' joint motion to stay #13 ; the parties shall file an updated status report within 14 days of any decision in the Sproull case. Defendant need not respond to the complaint at this time. Instead, the Court will Defendant shall answer or otherwise The Court strikes the 6/28/21 responsive pleading deadline and instead orders Defendant to answer or otherwise respond to the complaint 21 days after the Illinois Supreme Court issues its decision. Mailed notice (gel, ) |
| Filing 13 MOTION by Plaintiff Evangelical Students Fellowship to stay Joint Motion to Stay all Proceedings, proposed order submitted to chambers (McWherter, J.) |
| Filing 12 STATUS Report Joint Initial Status Report by Evangelical Students Fellowship (McWherter, J.) |
| Filing 11 ATTORNEY Appearance for Defendant American Family Mutual Insurance Company, S.I. by Justin Robert Donoho (Donoho, Justin) |
| Filing 10 ATTORNEY Appearance for Defendant American Family Mutual Insurance Company, S.I. by Kevin Patrick Zimmerman (Zimmerman, Kevin) |
| Filing 9 ATTORNEY Appearance for Defendant American Family Mutual Insurance Company, S.I. by Mark Alan Johnson (Johnson, Mark) |
| Filing 8 WAIVER OF SERVICE returned executed by Evangelical Students Fellowship. American Family Mutual Insurance Company, S.I. waiver sent on 4/27/2021, answer due 6/28/2021. (McWherter, J.) |
| Filing 7 MINUTE entry before the Honorable John Robert Blakey: J. Brandon McWherter's motion for leave to proceed pro hac vice #6 is granted. Mailed notice (gel, ) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18144714. (McWherter, J.) |
| SUMMONS Issued as to Defendant American Family Mutual Insurance Company, S.I. (cl, ) |
| Filing 5 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 5/17/2021, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, ) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (jg, ) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Evangelical Students Fellowship (Green, Scott) |
| Filing 3 ATTORNEY Appearance for Plaintiff Evangelical Students Fellowship by Scott David Green (Green, Scott) |
| Filing 2 CIVIL Cover Sheet (Green, Scott) |
| Filing 1 COMPLAINT filed by Evangelical Students Fellowship; Jury Demand. Filing fee $ 402, receipt number 0752-18126346.(Green, Scott) |
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