Motherway & Napleton, LLP v. Sentinel Insurance Company Limited et al
| Motherway & Napleton, LLP |
| Sentinel Insurance Company Limited, Hartford, The and Joseph T. Snyder & Associates, Ltd. |
| 1:2021cv02376 |
| May 3, 2021 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Contract: Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 29, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 15 STATUS Report (Second Revised JOINT Initial Status Report) by Sentinel Insurance Company Limited (Buckley, Mary) |
| Filing 14 MINUTE entry before the Honorable John Robert Blakey: To the extent the parties' joint status report #13 proposed two rounds of dispositive motions, the Court declines to adopt the proposed schedule. In the status report, Defendant represents that Plaintiff's claims would be barred by the "virus exclusion" in the policy to which no exception applies. #13 at 3. While Plaintiff represents that it "paid substantial premiums for an 'all risk' insurance policy that includes $50,000 in 'virus coverage.'" #13 at 3. Such statements suggest that the parties' initial dispute may not be resolved based on the language of the policy itself on a motion for judgment on the pleadings. As a result, the parties' proposal would not streamline the case. If the parties believe otherwise, they may, by 6/30/21, file an updated status report explaining how two rounds of dispositive motions would conserve judicial resources or otherwise serve the interest of justice. If the parties agree with the Court's assessment, they should instead propose in that report reasonable case management dates, including any discovery deadlines and a single dispositive motion schedule. Mailed notice (gel, ) |
| Filing 13 STATUS Report (REVISED JOINT Initial Status Report) by Sentinel Insurance Company Limited (Buckley, Mary) |
| Filing 12 MINUTE entry before the Honorable John Robert Blakey: The Court denies Plaintiff's motion to remand #9 and strikes the 6/17/21 Notice of Motion date. Plaintiff argues that this insurance coverage dispute falls short of the jurisdictional threshold. But the complaint's allegations show otherwise. Plaintiff alleges that "the covered losses incurred by Plaintiff and owed under the Policy exceed fifty-thousand dollars ($50,000.00) at present, are continuing, and are expected to exceed ten millions dollars ($10,000,000.00)"; [9-2] at 43. The complaint also seeks damages in an amount equal to the greater of (1) 60% of the amount which the trier of fact finds that Plaintiff is entitled to recover under the Policy, exclusive of costs; and (2) $60,000 per Plaintiff"; Plaintiff also seeks attorney's fees and costs, id. at 64. Based upon these allegations and others, the Court finds that Plaintiff's complaint supports federal jurisdiction, making removal proper. Plaintiff's $75,000 settlement demand, made shortly after removal, does not divest the Court of jurisdiction. Indeed, in Rising-Moore v. Red Roof Inns, Inc., 435 F.3d 813, 816 (7th Cir. 2006), the Seventh Circuit held that, to the extent "an event after the date of removal can shed light on the jurisdictional question, the willingness to accept $60,000 supports a conclusion that the 'controversy' exceeds $75,000. RisingMoore did not offer to take $60,000 if a jury should decide in his favor and nothing otherwise; he wanted $60,000 with certainty, which implies that the stakes at trial comfortably exceed the minimum." So too here, where the demand was even higher, falling right at the jurisdictional threshold. The parties shall file their joint status report by 6/14/21. See #8 . Mailed notice (gel, ) |
| Filing 11 STATUS Report (Joint Initial Status Report) by Sentinel Insurance Company Limited (Anscombe, Anthony) |
| Filing 10 NOTICE of Motion by Dominic C. LoVerde for presentment of motion to remand #9 before Honorable John Robert Blakey on 6/17/2021 at 11:00 AM. (LoVerde, Dominic) |
| Filing 9 MOTION by Plaintiff Motherway & Napleton, LLP to remand (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(LoVerde, Dominic) |
| Filing 8 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 6/7/21, 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. (kp, ) |
| Filing 7 ATTORNEY Appearance for Plaintiff Motherway & Napleton, LLP by Dominic C. LoVerde (LoVerde, Dominic) |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sentinel Insurance Company Limited (Anscombe, Anthony) |
| Filing 5 ATTORNEY Appearance for Defendant Sentinel Insurance Company Limited by Mary E Buckley (Buckley, Mary) |
| Filing 4 ATTORNEY Appearance for Defendant Sentinel Insurance Company Limited by Darlene Kay Alt (Alt, Darlene) |
| Filing 3 ATTORNEY Appearance for Defendant Sentinel Insurance Company Limited by Anthony J. Anscombe (Anscombe, Anthony) |
| Filing 2 CIVIL Cover Sheet (Anscombe, Anthony) |
| Filing 1 NOTICE of Removal from Circuit Court Of Cook County, case number (2020 L 004977) filed by Sentinel Insurance Company Limited Filing fee $ 402, receipt number 0752-18203156. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Anscombe, Anthony) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (lxk, ) |
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 Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
