National Interstate Insurance Company v. Malcom et al
Plaintiff: National Interstate Insurance Company
Defendant: Smith Transfer Company, Inc., D & S Hauling, LLC, Runway 3 Leasing LLC, People's Capitol & Leasing, The Estate of Bradley E. Malcom, Clayton M. Scott, Richard D. Lutze, Ricky L. Robertson, The Estate of Andrzej J. Poprawa, The Estate of Peggy J. Malcom, KLC Brokerage, Inc., Great Lakes Insurance Company, Meemic Insurance, Northland Insurance Company, Old Republic Insurance Company, Road Shark Group, Inc. and Robert L. Wilson
Case Number: 1:2021cv03387
Filed: June 23, 2021
Court: US District Court for the Northern District of Illinois
Presiding Judge: Thomas M Durkin
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1335
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 20, 2021 Filing 27 ANSWER to Complaint by Northland Insurance Company (Attachments: #1 Notice of Filing)(Spinazzola, Robert)
August 20, 2021 Filing 26 ATTORNEY Appearance for Defendant Northland Insurance Company by Robert James Spinazzola (Spinazzola, Robert)
August 20, 2021 SUMMONS Issued as to Defendant Great Lakes Insurance Company (jmk, )
August 19, 2021 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, )
August 17, 2021 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)
August 17, 2021 Filing 23 ANSWER to Complaint by KLC Brokerage, Inc.(Devitt, Donald)
August 16, 2021 Filing 22 SUMMONS Returned Unexecuted by National Interstate Insurance Company as to Richard D. Lutze. (Bertkau, Bradley)
August 16, 2021 Check BOND in the amount of $ 996,765.39 posted by National Interstate Insurance Company Receipt # 4624260615. (mp, )
August 12, 2021 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)
August 10, 2021 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)
August 4, 2021 Opinion or Order Filing 19 SCHEDULING Order on Motions to Transfer Venue. Signed by the Honorable Thomas M. Durkin on 8/4/2021. Mailed notice. (ecw, )
August 3, 2021 Filing 18 ATTORNEY Appearance for Defendant Ricky L. Robertson by Brent D Holmes (Holmes, Brent)
August 3, 2021 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)
August 3, 2021 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)
August 2, 2021 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)
July 27, 2021 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)
July 27, 2021 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)
July 27, 2021 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)
July 27, 2021 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)
July 27, 2021 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)
July 27, 2021 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)
July 27, 2021 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, )
July 26, 2021 Filing 8 ATTORNEY Appearance for Defendant KLC Brokerage, Inc. by Donald W. Devitt (Devitt, Donald)
July 22, 2021 Opinion or Order Filing 7 ORDER of Deposit. Signed by the Honorable Thomas M. Durkin on 7/22/2021. Mailed notice. (ecw, )
July 22, 2021 Filing 6 MINUTE entry before the Honorable Thomas M. Durkin: Motion to deposit funds #5 is granted. Enter order. Mailed notice. (ecw, )
July 20, 2021 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)
July 16, 2021 SUMMONS Issued as to Defendants Meemic Insurance, Northland Insurance Company, Old Republic Insurance Company. (ng, )
July 16, 2021 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, )
June 24, 2021 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, )
June 24, 2021 CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (cl, )
June 23, 2021 Filing 3 ATTORNEY Appearance for Plaintiff National Interstate Insurance Company by Jason Orleans (Orleans, Jason)
June 23, 2021 Filing 2 ATTORNEY Appearance for Plaintiff National Interstate Insurance Company by Bradley Albert Bertkau (Bertkau, Bradley)
June 23, 2021 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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Defendant: Smith Transfer Company, Inc.
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Defendant: D & S Hauling, LLC
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Defendant: Runway 3 Leasing LLC
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Defendant: People's Capitol & Leasing
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Defendant: The Estate of Bradley E. Malcom
Represented By: Philip Michael O'Donnell
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Defendant: Clayton M. Scott
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Defendant: Richard D. Lutze
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Defendant: Ricky L. Robertson
Represented By: Brent D Holmes
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Defendant: The Estate of Andrzej J. Poprawa
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Defendant: The Estate of Peggy J. Malcom
Represented By: Philip Michael O'Donnell
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Defendant: KLC Brokerage, Inc.
Represented By: Donald W. Devitt
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Defendant: Great Lakes Insurance Company
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Defendant: Meemic Insurance
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Defendant: Northland Insurance Company
Represented By: Robert James Spinazzola
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Defendant: Old Republic Insurance Company
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Defendant: Road Shark Group, Inc.
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Defendant: Robert L. Wilson
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Plaintiff: National Interstate Insurance Company
Represented By: Jason Orleans
Represented By: Bradley Albert Bertkau
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