State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association et al v. Guang Dong Xinbao et al
| Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association and American Family Insurance Company, as subrogee of Barbara Carroll |
| Newell Brands Inc., Guang Dong Xinbao and Sunbeam Products Inc |
| 1:2021cv03539 |
| July 1, 2021 |
| US District Court for the Northern District of Illinois |
| Thomas M Durkin |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on September 14, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 50
ORDER DISMISSING ALL CLAIMS signed by the Honorable Thomas M. Durkin on 9/14/2022. Mailed notice. (exr, )
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| Filing 49 STIPULATION of Dismissal (Scola, Michael) |
| Filing 48 MINUTE entry before the Honorable Thomas M. Durkin: A status report is due by 9/23/2022, unless a stipulation of dismissal is filed before then. Mailed notice. (ecw, ) |
| Filing 47 MINUTE entry before the Honorable Thomas M. Durkin: A status report is due by 8/15/2022, unless a stipulation of dismissal is filed before then. Mailed notice. (ecw, ) |
| Filing 46 MINUTE entry before the Honorable Jeffrey Cummings: Both sides have notified the Court that they have accepted the Court's settlement recommendation. Consequently, the parties have reached an agreement to settle the case, and they will work together to prepare a written settlement agreement and file a joint stipulation to dismiss the case in due course. All matters related to this referral having been concluded, the referral is closed and the case is returned to the assigned District Judge. Magistrate Judge Cummings no longer assigned to the case. Mailed notice (cc, ) |
| Filing 45 MINUTE entry before the Honorable Jeffrey Cummings: Remote video settlement conference held on 7/7/22. The Court provided the parties with a settlement recommendation. On or before the close of business on 7/13/22, counsel for each side shall send an email to the Court's settlement correspondence mailbox, (Settlement_Correspondence_Cummings@ilnd.uscourts.gov), indicating whether their clients have accepted the Court's settlement recommendation. Counsel shall not send a copy of their email to opposing counsel. If all parties accept the recommendation, then the parties will have a settlement agreement. Mailed notice (cc, ) |
| Filing 44 ATTORNEY Appearance for Plaintiffs Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association by Michael Joseph Scola (Scola, Michael) |
| Filing 43 MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' settlement letters. This matter is set for an off-the-record telephonic status conference on 7/5/22 at 11:30 a.m. to discuss whether it will be productive to proceed with the scheduled settlement conference on 7/7/22 given the parties' widely divergent views on the settlement value of plaintiff's claims. The parties are further ordered to meet and confer prior to the status conference regarding the realistic prospects of settling this case at the upcoming settlement conference. The parties should also discuss whether defendants have sufficient evidence (in particular, photographs of the alleged damage to all of the units in question and of the building itself and legible documentation with respect to the alleged damage to Unit 3F) to sufficiently evaluate their potential exposure in this case and whether it would be more productive to have the settlement conference after further discovery takes place. The Court's staff will provide counsel for the parties with the dial-in information. Mailed notice (cc, ) |
| Filing 42 MINUTE entry before the Honorable Jeffrey Cummings: Remote settlement conference set for 7/7/2022 at 1:00 p.m. In advance of the settlement conference, counsel for the parties will receive the instructions for participation in the remote settlement conference and for participation in a brief pre-settlement conference practice session with the Court's staff. Plaintiff's settlement demand letter in conformance with the Court's Standing Order on Settlement Conferences is due 6/16/2022, and defendant's conforming settlement offer letter is due 6/23/2022. Each party shall email a copy of its letter to Judge Cummings' chambers on the same day that it is provided to opposing counsel. The settlement letters shall be submitted to the Court by e-mail to the Court's settlement correspondence e-mail address (Settlement_Correspondence_Cummings@ilnd.uscourts.gov). Mailed notice (cc, ) |
| Filing 41 MINUTE entry before the Honorable Jeffrey Cummings: This case was referred to Magistrate Judge Cummings to conduct a settlement conference #40 . The parties are ordered to submit a joint status report regarding settlement to this Court's settlement correspondence mailbox (Settlement_Correspondence_Cummings@ilnd.uscourts.gov) by 5/26/22. In their status report, the parties shall address the issues set forth in the first paragraph of the second page of the Court's Standing Order For Settlement Conferences and provide the dates that the parties are mutually available in June and July 2022 for a remote video settlement conference. The deadlines for the submission of settlement letters described in the Standing Order and the date for the settlement conference will be promptly set after the joint status report is received. Mailed notice (cc, ) |
| Filing 40 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cummings for the purpose of holding proceedings related to: settlement conference. Mailed notice. (ecw, ) |
| Filing 39 MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 5/12/2022. The parties agreed to a referral to the Magistrate Judge for a settlement conference. Discovery is stayed, except for any discovery that the parties agree will facilitate settlement. Enter referral order. Mailed notice. (ecw, ) |
| Filing 38 MINUTE entry before the Honorable Thomas M. Durkin: Minute entry #36 is corrected as follows. The telephone status hearing is set for 5/12/2022 at 9:00 a.m., not 5/12/2021. The dial-in information remains the same. Mailed notice. (ecw, ) |
| Filing 37 ANSWER to amended complaint and Affirmative Defenses by Guang Dong Xinbao(Rediehs, Jennifer) |
| Filing 36 MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 4/11/2022. Counsel for plaintiffs was not present. Oral motion on behalf of the foreign manufacturer defendant for 30 days in which to answer or otherwise plead in response to plaintiffs' complaint is granted. Parties are to meet and confer and report back on whether they agree to a referral to the Magistrate Judge for a settlement conference. A telephone status hearing is set for 5/12/2021 at 9:00 a.m., unless the case is referred to the Magistrate Judge before then. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. 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. (ecw, ) |
| Filing 35 AGREED Confidentiality Order. Signed by the Honorable Thomas M. Durkin on 1/19/2022. Mailed notice. (ecw, ) |
| Filing 34 MINUTE entry before the Honorable Thomas M. Durkin: Motion for entry of agreed confidentiality order #33 is granted. Enter order. Mailed notice. (ecw, ) |
| Filing 33 MOTION by Defendant Sunbeam Products Inc for order Entry of Agreed Confidentiality Order (Attachments: #1 Exhibit A, #2 Exhibit B)(Rediehs, Jennifer) |
| Filing 32 MINUTE entry before the Honorable Thomas M. Durkin: The Court is in receipt of the joint status report and enters the following schedule. Rule 26(a)(1) disclosures are due by 12/20/2021. Interrogatories, requests for production and requests to admit are to be propounded by 1/20/2022. Answers and responses to interrogatories, requests for production and requests to admit are due by 2/21/2022. Rule 26(a)(1) depositions to be completed by 9/30/2022. A telephone status hearing is set for 4/11/2022 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. 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. (ecw, ) |
| Filing 31 STATUS Report Joint by Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association (Hoffmann, William) |
| Filing 30 Corporate Disclosure Statement by Sunbeam Products Inc (Rediehs, Jennifer) |
| Filing 29 MINUTE entry before the Honorable Thomas M. Durkin: A joint status report is due four days after Sunbeam is to file its responsive pleading. Mailed notice. (ecw, ) |
| Filing 28 ANSWER to amended complaint and Affirmative Defenses by Sunbeam Products Inc(Rediehs, Jennifer) |
| Filing 27 STATUS Report on Service of Defendants by Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association (Hoffmann, William) |
| Filing 26 MINUTE entry before the Honorable Thomas M. Durkin: Pursuant to the notice of voluntary dismissal, Plaintiff's claims against Defendant Newell Brands Inc. are dismissed, without prejudice, each party to bear its own costs. Mailed notice. (ecw, ) |
| Filing 25 CERTIFICATE of Service Dismissal Order - Newell Brands Inc. by William J. Hoffmann on behalf of Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association regarding notice of voluntary dismissal, #24 (Hoffmann, William) |
| Filing 24 NOTICE of Voluntary Dismissal by Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association Newell Brands Inc. - Dismissal without Prejudice (Hoffmann, William) |
| Filing 23 CERTIFICATE of Service Request for Waiver of Service by William J. Hoffmann on behalf of Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association regarding request for waiver of service,, #22 (Hoffmann, William) |
| Filing 22 REQUEST for Waiver of Service sent to Goldberg Segalla on September 14, 2021 by Plaintiffs Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association. Waiver of service due by 9/5/2022. (Hoffmann, William) |
| Filing 21 CERTIFICATE of Service Amended Complaint by William J. Hoffmann on behalf of Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association regarding amended complaint,, #20 (Hoffmann, William) |
| Filing 20 First AMENDED complaint by State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll against Guang Dong Xinbao, Sunbeam Products Inc and terminating Newell Brands Inc. (Hoffmann, William) |
| SUMMONS Issued as to Defendant Guang Dong Xinbao (ak, ) |
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Filing 19
ORDER: It is hereby ordered, that APS International, Ltd., including its designated agents, is appointed and authorized to effect service of process on the defendant, GUANGDONG XINBAO ELECTRIC APPLIANCES HOLDINGS CO., LTD. in China. Service shall be effected according to any internationally agreed means, the laws of the foreign country, or as directed by the foreign authority or the originating court if not otherwise prohibited by international agreement or the laws of the foreign country, and in a manner reasonably calculated to give notice. Signed by the Honorable Thomas M. Durkin on 9/10/2021. Mailed notice. (ecw, )
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| Filing 18 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiffs' uncontested motion for leave to file its first amended complaint and to non-suit without prejudice Defendant, Newell Brands, Inc. #13 is granted. Plaintiffs' uncontested motion to extend the validity of summons for foreign service #15 is granted. Enter order. A status report on efforts to serve defendants is due by 11/10/2021. Mailed notice. (ecw, ) |
| Filing 17 STATUS Report Joint by Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association (Hoffmann, William) |
| Filing 16 CERTIFICATE of Service by William J. Hoffmann on behalf of Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association regarding MOTION by Plaintiffs Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, State Far #15 (Hoffmann, William) |
| Filing 15 MOTION by Plaintiffs Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association for extension of time for uncontested motion to extend validity of summons on foreign service (Attachments: #1 Text of Proposed Order Order for Appointment of Special Process Service)(Hoffmann, William) |
| Filing 14 CERTIFICATE of Service Uncontested Motion for Leave to File Amended Complaint by William J. Hoffmann on behalf of Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association regarding MOTION by Plaintiffs Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, State Far #13 (Hoffmann, William) |
| Filing 13 MOTION by Plaintiffs Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association to amend/correct Complaint (Attachments: #1 Exhibit A - Amended Complaint, #2 Supplement Amended Complaint in redline)(Hoffmann, William) |
| Filing 12 CERTIFICATE of Service by Mark L McGuire on behalf of All Plaintiffs regarding attorney appearance, #11 (McGuire, Mark) |
| Filing 11 ATTORNEY Appearance for Plaintiffs Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association by Mark L McGuire (McGuire, Mark) |
| Filing 10 CERTIFICATE of Service by William J. Hoffmann on behalf of All Plaintiffs regarding attorney appearance, #9 (Hoffmann, William) |
| Filing 9 ATTORNEY Appearance for Plaintiffs Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough, American Family Insurance Company, as subrogee of Barbara Carroll, Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson, State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association by William J. Hoffmann (Hoffmann, William) |
| Filing 8 ANSWER to Complaint with Jury Demand and Affirmative Defenses by Newell Brands Inc.(Rediehs, Jennifer) |
| Filing 7 MAILED Notice of Removal letter to William J. Hoffman (daj, ) |
| Filing 6 MINUTE entry before the Honorable Thomas M. Durkin: By 9/10/2021, 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, ) |
| Filing 5 Corporate Disclosure STATEMENT by Newell Brands Inc. (Rediehs, Jennifer) |
| Filing 4 ATTORNEY Appearance for Defendant Newell Brands Inc. by David John OConnell (OConnell, David) |
| Filing 3 ATTORNEY Appearance for Defendant Newell Brands Inc. by Jennifer L. Rediehs (Rediehs, Jennifer) |
| Filing 2 CIVIL Cover Sheet (Rediehs, Jennifer) |
| Filing 1 NOTICE of Removal from Circuit Court for 18th Judicial Circuit of Illinois, DuPage County, case number (2021 L 000549) filed by Newell Brands Inc. Filing fee $ 402, receipt number 0752-18414777. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rediehs, Jennifer) |
| CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (cm, ) |
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| Search for this case: State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association et al v. Guang Dong Xinbao et al | |
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| Plaintiff: Metropolitan Casualty Insurance Company, as subrogee of Ian Nelson | |
| Represented By: | Mark L McGuire |
| Represented By: | William J. Hoffmann |
| Represented By: | Michael Joseph Scola |
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| Plaintiff: Allstate Property & Casualty Insurance Company, as subrogee of Eric and Bridgete Gough | |
| Represented By: | Mark L McGuire |
| Represented By: | William J. Hoffmann |
| Represented By: | Michael Joseph Scola |
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| Plaintiff: State Farm Fire & Casualty Company, as subrogee of Nancy Valenta and Ed Hayes and Sadin Zeqiri and St. Joseph's Creek Owners Association | |
| Represented By: | Mark L McGuire |
| Represented By: | William J. Hoffmann |
| Represented By: | Michael Joseph Scola |
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| Plaintiff: American Family Insurance Company, as subrogee of Barbara Carroll | |
| Represented By: | Mark L McGuire |
| Represented By: | William J. Hoffmann |
| Represented By: | Michael Joseph Scola |
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| Defendant: Newell Brands Inc. | |
| Represented By: | David John OConnell |
| Represented By: | Jennifer L. Rediehs |
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| Defendant: Guang Dong Xinbao | |
| Represented By: | Jennifer L. Rediehs |
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| Defendant: Sunbeam Products Inc | |
| Represented By: | Jennifer L. Rediehs |
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