Everest National Insurance Company v. Birkley et al
| Everest National Insurance Company |
| Grant Birkley, Cynthia Komarek, Cary Moreth, Mary Rieber, James Rieber, Harry Howarth and Diane Howarth |
| 1:2022cv03368 |
| June 28, 2022 |
| US District Court for the Northern District of Illinois |
| Ronald A Guzman |
| Contract: Insurance |
| 28 U.S.C. § 2201 Declaratory Judgement (Insurance) |
| None |
Docket Report
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Filing 18
MINUTE entry before the Honorable Ronald A. Guzman: On defendant Cynthia Komarek's motion to dismiss or in the alternative to stay #17 , plaintiff may respond by 8/31/2022, and defendant may reply by 9/14/2022. The Court will rule electronically. The parties are directed to confer no later than 8/26/2022 to discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, and they shall also discuss deadlines for any Rule 26(a)(1) disclosures that have not already been exchanged, the need for discovery, and a proposed scheduling plan. Plaintiff is responsible for initiating such a conference, and all lead counsel for all parties must participate. In lieu of an initial status hearing, the parties shall file a joint written initial status report that includes a proposed scheduling plan by 9/9/2022. Failure or refusal to participate in such a conference or to cooperate in the preparation of the written report may constitute a basis for sanctions. After the Court receives the parties' written report, it will issue a further order. Mailed notice. (kp, )
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Filing 17
MOTION by Defendant Cynthia Komarek to dismiss or in the alternative to stay in lieu of answer (Vernagallo, Nicole)
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Filing 16
SUMMONS Returned Executed by Everest National Insurance Company as to Harry Howarth on 7/23/2022, answer due 8/15/2022. (Alvarez, Freddy)
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Filing 15
SUMMONS Returned Executed by Everest National Insurance Company as to Diane Howarth on 7/23/2022, answer due 8/15/2022. (Alvarez, Freddy)
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Filing 14
MINUTE entry before the Honorable Ronald A. Guzman: Defendant Cynthia Komarek's motion to stay this proceeding #13 pending the outcome of two state-court proceedings is denied. The sole ground for Komarek's motion is 735 ILCS 5/2-619(a)(3), an Illinois procedural rule that does not apply to federal-court proceedings. See AXA Corp. Sols. v. Underwriters Reinsurance Corp., 347 F.3d 272, 276-78 (7th Cir. 2003); Holiday Shores Sanitary Dist. v. United Agri Prods., Inc., No. CV 04-689-MJR, 2005 WL 8173761, at *9 (S.D. Ill. Mar. 29, 2005); Glob. Poly Inc. v. Fred's Inc., No. 03 C 4561, 2004 WL 532844, at *2 (N.D. Ill. Mar. 11, 2004). Mailed notice. (kp, )
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Filing 13
MOTION by Defendant Cynthia Komarek to stay (Vernagallo, Nicole)
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Filing 12
SUMMONS Returned Executed by Everest National Insurance Company as to Cary Moreth on 7/14/2022, answer due 8/4/2022. (Alvarez, Freddy)
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Filing 11
SUMMONS Returned Executed by Everest National Insurance Company as to Grant Birkley on 7/15/2022, answer due 8/5/2022. (Alvarez, Freddy)
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Filing 10
SUMMONS Returned Executed by Everest National Insurance Company as to James Rieber on 7/13/2022, answer due 8/3/2022. (Alvarez, Freddy)
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Filing 9
SUMMONS Returned Executed by Everest National Insurance Company as to Mary Rieber on 7/13/2022, answer due 8/3/2022. (Alvarez, Freddy)
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Filing 8
SUMMONS Returned Executed by Everest National Insurance Company as to Cynthia Komarek on 7/14/2022, answer due 8/4/2022. (Alvarez, Freddy)
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Filing 7
ATTORNEY Appearance for Defendant Cynthia Komarek by Nicole Anne Vernagallo (Vernagallo, Nicole)
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Filing 6
Jurisdictional Addendum to Complaint for Declaratory Judgment by Everest National Insurance Company (Lahm, Kevin)
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Filing 5
ORDER: Accordingly, Everest is directed to file by July 18, 2022 a jurisdictional supplement to its complaint that properly identifies each party's citizenship as of the time this suit was filed. It will not suffice to allege citizenship negatively or state that none of defendants have the same citizenship as Everest. See Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). If nothing is filed by the above date, or if the supplement still does not properly set out the parties' citizenships, this action may be dismissed for want of subject-matter jurisdiction. Signed by the Honorable Ronald A. Guzman on 7/8/2022. Mailed notice. (kp, )
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SUMMONS Issued as to Defendants Grant Birkley, Diane Howarth, Harry Howarth, Cynthia Komarek, Cary Moreth, James Rieber, Mary Rieber (emc, )
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Filing 4
ATTORNEY Appearance for Plaintiff Everest National Insurance Company by Kevin Austin Lahm (Lahm, Kevin)
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Filing 3
ATTORNEY Appearance for Plaintiff Everest National Insurance Company by Freddy L. Alvarez (Alvarez, Freddy)
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Filing 2
CIVIL Cover Sheet (Alvarez, Freddy)
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Filing 1
COMPLAINT For Declaratory Judgment filed by Everest National Insurance Company; Filing fee $ 402, receipt number AILNDC-19601828. (Attachments: #1 Exhibit A - Moreth v. Piercey Complaint, #2 Exhibit B - Rieber v. SagePoint Complaint, #3 Exhibit C - Policy 2019/20, #4 Exhibit D - Policy 2020/22, #5 Exhibit E - SagePoint Notice)(Alvarez, Freddy)
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CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (jg, )
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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jg, )
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