Pekin Insurance Company v. Ford Motor Company
| Pekin Insurance Company a/s/o Sandra Black and Pekin Insurance Company |
| Ford Motor Company |
| 1:2021cv03402 |
| June 24, 2021 |
| US District Court for the Northern District of Illinois |
| Sheila M Finnegan |
| Ronald A Guzman |
| Lindsay C Jenkins |
| Charles R Norgle |
| P.I.: Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Both |
Docket Report
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This docket was last retrieved on October 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 64 MINUTE entry before the Honorable Lindsay C. Jenkins: The parties have filed a stipulation of dismissal #62 , the terms of which are set forth therein. Civil case closed. Mailed notice. (jlj, ) |
| Filing 63 Dismissal Order by Pekin Insurance Company (Barnett, Russell) |
| Filing 62 STIPULATION of Dismissal (Barnett, Russell) |
| Filing 61 MINUTE entry before the Honorable Sheila M. Finnegan: Settlement conference held with the parties (by telephone) on 10/17/2023 and a settlement agreement was reached. The parties are to promptly draft and execute settlement documents. All matters relating to the referral have been completed so the referral is closed. Mailed notice (sxw) |
| Filing 60 MINUTE entry before the Honorable Sheila M. Finnegan: Telephone conferences held separately with the parties on 10/16/2023 for discussion of settlement issues. Mailed notice (sxw) |
| Filing 59 MINUTE entry before the Honorable Lindsay C. Jenkins:Motion to withdraw as attorney #58 is granted. Attorney David John Handley terminated as counsel for the Defendant. Mailed notice. (jlj, ) |
| Filing 58 MOTION by Attorney David J. Handley to withdraw as attorney for Ford Motor Company. No party information provided Presented before Magistrate Judge (Attachments: #1 Text of Proposed Order Proposed Order withdrawing DJH as counsel)(Cushing, Thomas) |
| Filing 57 MINUTE entry before the Honorable Sheila M. Finnegan: The telephone status set on 10/3/2023 is cancelled. Mailed notice (sxw) |
| Filing 56 MINUTE entry before the Honorable Sheila M. Finnegan: Telephone conference held with the parties on 9/21/2023 for discussion for settlement issues. Settlement conference (by telephone) is set for 10/16/2023 at 11:30 a.m. (Plaintiff's counsel) and 1:30 p.m. (Defendant's counsel). Plaintiff's counsel is to provide a settlement letter by 10/2/2023. Defense counsel is to provide a responsive letter by 10/12/2023. The letters are to be sent by e-mail to Chambers_Finnegan@ilnd.uscourts.gov on the due dates. Mailed notice (sxw) |
| Filing 55 MINUTE entry before the Honorable Sheila M. Finnegan: Agreed Motion to Extend Dates and Request for Settlement Conference #54 is granted. Telephone conference is set for 9/21/2023 at 11 a.m. to set dates for exchange of settlement letters and settlement conference. At the parties' request, the settlement conference discussions will proceed by telephone so they may be expedited. The deadline to depose Defendant's expert is vacated and will be reset at a later time. Mailed notice (sxw) |
| Filing 54 MOTION by Defendant Ford Motor Company for extension of time Agreed Motion to Extend Dates and Request for Settlement Conference Presented before Magistrate Judge (Cushing, Thomas) |
| Filing 53 MINUTE entry before the Honorable Lindsay C. Jenkins: Given the ongoing supervision before Judge Finnegan, the status hearing set for 9/12/2023 #50 is stricken. Mailed notice. (jlj, ) |
| Filing 52 CERTIFICATE of Service Rule 26(a)(2) Expert Witness Disclosures by Thomas William Cushing on behalf of Ford Motor Company (Cushing, Thomas) |
| Filing 51 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 7/27/2023 and continued to 10/3/2023 at 9:15 a.m. Without objection, Defendant's oral request for 21-day extension (until 8/16/2023) to provide Rule 26(a)(2) expert disclosures is granted. In light of this, Plaintiff is given until 9/29/2023 to depose the expert. The parties are to report on expert discovery and settlement efforts at the next status. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) |
| Defendant's oral request for 21-day extension of expert disclosures. (sxw) |
| Filing 50 MINUTE entry before the Honorable Lindsay C. Jenkins: Given the progress described in the status report #49 , the status hearing set for June 20, 2023 is stricken and reset to September 12, 2023 at 9:30 am. The hearing will be in-person in Courtroom 2119. If expert discovery has concluded by August 25, 2023, then the parties should be prepared to confirm that no dispositive motions will be filed in the case and be prepared with three mutually agreeable trial dates so that the court can set a firm trial date. Mailed notice (smm) |
| Filing 49 STATUS Report Initial Joint Status Report by Pekin Insurance Company Presented before Presiding Judge (Barnett, Russell) |
| Filing 48 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 5/23/2023 and continued to 7/27/2023 at 9:15 a.m. The parties report fact discovery is complete. They are proceeding with expert discovery while also discussing settlement. If agreed, the parties may contact the courtroom deputy to schedule a settlement conference. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) |
| Filing 47 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 3/28/2023 and continued to 5/23/2023 at 9:15 a.m. for the parties to confirm that fact discovery has been completed by the 5/22/2023 deadline imposed by the district judge. Today, the parties report that a vehicle inspection will occur on 4/11/2023, servicing records have been provided, and subpoenas have issued. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) |
| Filing 46 MINUTE entry before the Honorable Lindsay C. Jenkins: This case has been reassigned to Judge Jenkins. In person status hearing set for 6/20/2023 at 9:00 a.m. in Courtroom 2119. By 6/14/2023, the parties shall file a joint initial status report using the form for reassigned cases on Judge Jenkins's web page on this District's website. The parties must follow all the standing orders for Judge Jenkins and all Local Rules, which can be found at the same web page. Mailed notice. (jlj, ) |
| Filing 45 MINUTE entry before the Honorable Ronald A. Guzman: The status hearing set for 6/20/2023 is stricken, the case having been reassigned to Judge Jenkins. Mailed notice. (kp, ) |
| Filing 44 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0010: Pursuant that to the Executive Committee Order entered on February 23, 2023, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Lindsay C. Jenkins; therefore IT IS HEREBY ORDERED that the attached list of 281 cases be reassigned to the Honorable Lindsay C. Jenkins; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Lindsay C. Jenkins' 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 Lindsay C. Jenkins to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lindsay C. Jenkins to the Court's criminal case assignment system ninety (90) days so that Judge Jenkins shall thereafter receive a full share of such cases. Case reassigned to the Honorable Lindsay C. Jenkins for all further proceedings. Honorable Ronald A. Guzman no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 2/27/2023.(tg, ) |
| Filing 43 MINUTE entry before the Honorable Ronald A. Guzman: Status hearing held and continued to 6/20/2023 at 10:30 a.m. The Plaintiff shall disclose expert testimony pursuant to Rule 26(a)(2) on or before April 26, 2023, and shall make any such experts available for deposition by May 26, 2023. Defendant shall disclose expert testimony pursuant to Rule 26(a)(2) on or before July 26, 2023, and shall make any such experts available for deposition by August 25, 2023. The hearing will be in person. Mailed notice. (kp, ) |
| Filing 42 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 2/7/2023 and continued to 3/28/2023 at 9:15 a.m. The parties report they have exchanged Rule 26(a)(1) disclosures but not written discovery, though certain documents have been informally provided to facilitate settlement talks. Materials from Defendant's in-house retired engineer have now been obtained and are under review by a currently-employed engineer. No discovery schedule has been set by the district judge. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) |
| Filing 41 MINUTE entry before the Honorable Ronald A. Guzman: On the Court's own motion, the status hearing set for 2/14/2023 at 10:00 a.m. is stricken and reset to 2/14/2023 at 10:30 a.m. (TIME CHANGE ONLY) The status hearing set for 2/21/2023 is stricken as well. The hearing will be in person. Mailed notice. (kp, ) |
| Filing 40 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ford Motor Company Disclosure of Corporate Interests (Cushing, Thomas) |
| Filing 39 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 38 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 12/6/2022 and continued to 2/7/2023 at 9:15 a.m. Defense counsel did not dial in to hearing and is admonished that he must participate in all hearings. Plaintiff reports the parties are engaged in discovery. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) |
| Filing 37 MINUTE entry before the Honorable Ronald A. Guzman: Telephonic status hearing held on 11/8/2022 and continued to 2/14/2023 at 10:00 a.m. The hearing will be via telephone conference. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 1246152. Counsel of record will receive an email the day before the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (kp, ) |
| Filing 36 MINUTE entry before the Honorable Ronald A. Guzman: Status hearing set for 11/8/2022 at 10:45 a.m. The hearing will be via telephone conference. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 1246152. Counsel of record will receive an email the day before the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (kp, ) |
| Filing 35 STATUS Report Joint Status Report on Discovery Schedule and Disclosure of Experts by Ford Motor Company (Attachments: #1 Notice of Filing Notice of Filing)(Cushing, Thomas) |
| Filing 34 MINUTE entry before the Honorable Sheila M. Finnegan: This case has been referred for discovery supervision and a settlement conference should the parties request one. Magistrate Judge telephone status is set on 12/6/2022 at 9:30 a.m. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) |
| Filing 33 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sheila M. Finnegan for the purpose of holding proceedings related to and all discovery disputes without authority to extend the discovery cutoff date. The referral to the magistrate judge shall also include authority to conduct a settlement conference if deemed appropriate. Mailed notice. (kp, ) |
| Filing 32 MINUTE entry before the Honorable Ronald A. Guzman: The Court has reviewed the parties' amended joint status report #31 and sets the following deadlines. Amendment of pleadings and joinder of parties shall be no later than 3/21/2023. All fact discovery shall be completed by 5/22/2023. By 10/31/2022, the parties shall file a joint status report regarding why expert discovery cannot commence prior to the close of fact discovery. GIVEN THE LONG PENDENCY OF THIS CASE, THERE WILL BE NO EXTENSIONS OF THE FACT-DISCOVERY DEADLINE. A telephonic status hearing is set for 2/21/2023 at 10:30 a.m. Discovery supervision and all discovery motions and discovery disputes, including requests for and entry of any protective orders, are referred to the magistrate judge without authority to extend discovery deadlines. The referral shall also include any settlement proceedings or conferences. The hearing will be via telephone conference. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 1246152. Counsel of record will receive an email the day before the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (kp, ) |
| Filing 31 STATUS Report (Amended Joint) by Pekin Insurance Company (Barnett, Russell) |
| Filing 30 MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff's jurisdictional supplement to the amended complaint #27 asserts that the subrogee and subrogor are both citizens of Illinois and that, upon information and belief, Defendant is a citizen of Michigan. Defendant's Answer to the Amended Complaint #20 , however, states that Defendant is incorporated in Delaware, with its principal place of business in Michigan, indicating that it is a citizen of both Delaware and Michigan. Although Plaintiff's jurisdictional submission was incomplete, the Court now is satisfied of its diversity jurisdiction. Given the recent transfer of this case and Defendant's service of its Rule 26(a) Initial Disclosure Statements, Plaintiff's motion to enforce discovery schedule #28 is denied without prejudice. That said, this case has progressed little in the 15 months it has been pending, so the Court directs the parties to confer and, by 10/13/2022, file a joint status report proposing a discovery schedule that includes both fact and expert discovery. Mailed notice. (kp, ) |
| Filing 29 CERTIFICATE of Service Ford's Rule 26(a) Initial Disclosure Statement by Thomas William Cushing on behalf of Ford Motor Company (Cushing, Thomas) |
| Filing 28 MOTION by Plaintiff Pekin Insurance Company to enforce Discovery Schedule (Attachments: #1 Exhibit A, #2 Exhibit B)(Barnett, Russell) |
| Filing 27 SUPPLEMENT to amended complaint #19 (Plaintiff's Jurisdictional) (Barnett, Russell) |
| Filing 26 MINUTE entry before the Honorable Ronald A. Guzman: This is a motor vehicle product liability action filed in this court on the basis of diversity jurisdiction. Plaintiff alleges in the amended complaint #19 that it is "subrogee of Sandra Black" and provides its citizenship and the citizenship of Defendant, Ford Motor Company. Plaintiff, however, does not indicate whether it is a partial or total subrogee of Sandra Black. It therefore is unclear whether Plaintiff has sufficiently established diversity jurisdiction. See Travelers Prop. Cas. Ins. Co. v. Svc. Experts Heating & Air Conditioning, LLC, No. 12-2208, 2013 WL 12244884, at *1-2 & n.1 (C.D. Ill. June 28, 2013) ("[U]nless subrogation is total, Plaintiff must allege the citizenship of the subrogors."). Accordingly, Plaintiff is directed to file by 9/28/2022 a jurisdictional supplement to the amended complaint that indicates whether its subrogation is total or partial; if it is partial, Plaintiff must identify the citizenship of the subrogor(s). If nothing is filed by the above date, or if the supplement does not establish diversity of the parties, this action may be dismissed for want of subject-matter jurisdiction. Mailed notice. (kp, ) |
| Filing 25 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Ronald A. Guzman for all further proceedings. Honorable Charles R. Norgle, Sr no longer assigned to the case pursuant to IOP 13(f). Signed by Executive Committee on 9/14/2022. (td, ) |
| Filing 24 LETTER from Clerk of Court Thomas G. Bruton dated September 2, 2022. (td, ) |
| Filing 23 RESPONSE by Plaintiff Pekin Insurance Company to answer to amended complaint #20 (Barnett, Russell) |
| Filing 22 STATUS Report (Joint) by Pekin Insurance Company (Barnett, Russell) |
| Filing 21 NOTICE by Thomas William Cushing of Change of Address (Cushing, Thomas) |
| Filing 20 Ford's ANSWER to amended complaint and Affirmative Defenses by Ford Motor Company(Cushing, Thomas) |
| Filing 19 AMENDED complaint by Pekin Insurance Company against Ford Motor Company (Attachments: #1 Certificate of Service)(Barnett, Russell) |
Filing 18
ORDER: Per the agreement of the parties that Plaintiffs complaint contains improper reference to economic losses prohibited under Illinois law, and per Plaintiff's request that Plaintiffs complaint be dismissed without prejudice, Defendant's motion to dismiss #10 is granted without prejudice. See Moorman Manufacturing Co. v. National Tank Co., 435 N.E.2d 433, 453 (Ill. 1982). Plaintiff has leave to file an amended complaint within 14 days of this order. If Plaintiff timely files an amended complaint, Defendant may answer or otherwise plead to that complaint within 21 days. IT IS SO ORDERED. Signed by the Honorable Charles R. Norgle on 2/3/2022. Mailed notice (cp, )
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| Filing 17 SUR-REPLY by Plaintiff Pekin Insurance Company to motion to dismiss #10 (Barnett, Russell) |
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Filing 16
ORDER: The parties do not dispute that Plaintiffs complaint contains improper reference to economic losses prohibited under Illinois law. Moorman Manufacturing Co. v. National Tank Co., 435 N.E.2d 433, 453 (Ill. 1982). However, the parties disagree as to whether the Court should dismiss the complaint in whole or in part, and whether such a dismissal should be with prejudice or without prejudice. Dkt. 14 at 3; dkt. 15 at 2. The Plaintiff is hereby ordered to provide a sur-reply in opposition to Defendant's motion to dismiss by January 26, 2022, which shall include a proposed order. Signed by the Honorable Charles R. Norgle on 1/10/2022. Mailed notice (cp, )
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| Filing 15 RESPONSE by Ford Motor Companyin Support of MOTION by Defendant Ford Motor Company to dismiss Counts I-III of Plaintiff's Complaint #10 (Cushing, Thomas) |
| Filing 14 MEMORANDUM by Pekin Insurance Company in Opposition to motion to dismiss #10 (Barnett, Russell) |
| Filing 13 MINUTE entry before the Honorable Charles R. Norgle: Plaintiff's response to Defendant's Motion to Dismiss Counts I-III of Plaintiff's Complaint #10 is due on or before 11/1/2021. Defendant's reply is due on or before 12/1/2021. Mailed notice (ewf, ) |
| Filing 12 MINUTE entry before the Honorable Charles R. Norgle:The notice of motion hearing set for August 27, 2021 is stricken. No appearance is required on Friday, August 27, 2021.Mailed notice (ewf, ) |
| Filing 11 NOTICE of Motion by Thomas William Cushing for presentment of motion to dismiss #10 before Honorable Charles R. Norgle Sr. on 8/27/2021 at 10:30 AM. (Cushing, Thomas) |
| Filing 10 MOTION by Defendant Ford Motor Company to dismiss Counts I-III of Plaintiff's Complaint (Cushing, Thomas) |
| Filing 9 ATTORNEY Appearance for Defendant Ford Motor Company by David John Handley (Handley, David) |
| Filing 8 MINUTE entry before the Honorable Charles R. Norgle: Motion for extension of time to answer or otherwise plead #6 is granted. No appearance is required on Friday, August 6, 2021. Mailed notice (ewf, ) |
| Filing 7 Ford Motor Company's NOTICE of Motion by Thomas William Cushing for presentment of motion for extension of time to file answer #6 before Honorable Charles R. Norgle Sr. on 7/6/2021 at 10:30 AM. (Cushing, Thomas) |
| Filing 6 MOTION by Defendant Ford Motor Company for extension of time to file answer regarding complaint #1 (Cushing, Thomas) |
| Filing 5 MISCELLANEOUS CASE by Ford Motor Company Jury Demand Filing fee $ 49, receipt number 0752-18517178. (Cushing, Thomas) |
| Filing 4 ATTORNEY Appearance for Defendant Ford Motor Company by Thomas William Cushing (Cushing, Thomas) |
| Filing 3 SUMMONS Returned Executed by Pekin Insurance Company as to Ford Motor Company on 7/9/2021, answer due 7/30/2021. (Barnett, Russell) |
| SUMMONS Issued as to Defendant Ford Motor Company (crl, ) |
| Filing 2 ATTORNEY Appearance for Plaintiff Pekin Insurance Company a/s/o Sandra Black by Russell Marc Barnett (Barnett, Russell) |
| Filing 1 COMPLAINT filed by Pekin Insurance Company a/s/o Sandra Black; Jury Demand. Filing fee $ 402, receipt number 0752-18387432. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Summons)(Barnett, Russell) |
| CASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (txl, ) |
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