Badger Mutual Insurance Company v. Choi et al
| Badger Mutual Insurance Company |
| Ingrace's Company II, Inc., Bryan Choi, Ingrace's Company Inc. doing business as Market Creations, Ingrace, Ingrace's Company VI, Inc., Ingrace's Company VIII, Inc. doing business as Market Creations, H & J Harvest, Inc. and Alfredo Celedon |
| 1:2022cv04656 |
| August 31, 2022 |
| US District Court for the Northern District of Illinois |
| Sheila M Finnegan |
| LaShonda A Hunt |
| Franklin U Valderrama |
| Contract: Insurance |
| 28 U.S.C. § 2201 Declaratory Judgement (Insurance) |
| None |
Docket Report
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| Filing 34 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0023: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable LaShonda A Hunt; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Lashonda A Hunt; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable LaShonda A Hunt's 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 LaShonda A Hunt 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 Lashonda A Hunt to the Court's criminal case assignment system ninety (90) days so that Judge Hunt shall thereafter receive a full share of such cases. Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings. Honorable Franklin U. Valderrama no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/02/2023.(tg, ) |
| Filing 33 MINUTE entry before the Honorable Sheila M. Finnegan: The Court has reviewed the joint status report dated 5/25/2023. The joint request for a stay of this matter pending finalization of the settlement in the underlying action is granted. As noted by the parties, the underlying class action in the Circuit Court of Cook County that led to this declaratory judgment coverage action has been settled, and the final approval hearing is set for 9/20/2023. Telephone status hearing is set for 9/27/2023 at 9:15 a.m. but will be cancelled if a stipulation to dismiss is filed before then. 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 32 Entered in error. No pdf attached. Modified on 5/26/2023 (sxw). |
| Filing 31 STATUS Report Joint, Regarding Settlement by Badger Mutual Insurance Company Presented before Magistrate Judge (Fathallah, Jason) |
| Filing 30 NOTICE by Richard Mangieri Burgland of Change of Address (Burgland, Richard) |
| Filing 29 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 5/2/2023. Defendant did not dial in. Plaintiff reports preliminary settlement approval hearing in underlying state court case is set on 5/22/2023, and then a final approval hearing will occur approximately 3 months later. Plaintiff said this federal coverage action will proceed only if the settlement in the underlying state case is not approved and that litigation resumes. By 5/26/2023, the parties are to file a joint status report indicating whether the motion for preliminary approval was granted and the date of the final approval hearing. Mailed notice (sxw) |
| Filing 28 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone conference held on 3/2/2023 and continued to 5/2/2023 at 9:30 a.m. for parties to report on settlement of the underlying coverage action. 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 27 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 1/19/2023 and continued to 3/2/2023 at 9:15 a.m. Defense counsel did not dial in to hearing. Plaintiff counsel's request to continue the case for 30 days is granted. Counsel reports that this coverage action will be unnecessary and so will be dismissed with prejudice once the settlement documents in the underlying state court lawsuit are executed. 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 26 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 25 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 12/20/2022 and continued to 1/19/2023 at 9:15 a.m. Defense counsel did not dial in to the hearing. Plaintiff's counsel reports a settlement was reached last week in the underlying Cook County case that led to this coverage action. 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 24 SUMMONS Returned Executed by Badger Mutual Insurance Company as to Alfredo Celedon on 12/3/2022, answer due 12/26/2022. (Fathallah, Jason) |
| Filing 23 ANSWER to amended complaint by Bryan Choi, H & J Harvest, Inc., Ingrace's Company II, Inc., Ingrace's Company Inc., Ingrace's Company VI, Inc., Ingrace's Company VIII, Inc. (Attachments: #1 Certificate of Service)(Burgland, Richard) |
| Filing 22 ATTORNEY Appearance for Defendants H & J Harvest, Inc., Ingrace's Company II, Inc., Ingrace's Company Inc., Ingrace's Company VI, Inc., Ingrace's Company VIII, Inc. by Richard Mangieri Burgland (Burgland, Richard) |
| Filing 21 ATTORNEY Appearance for Defendant Bryan Choi by Richard Mangieri Burgland (Burgland, Richard) |
| Filing 20 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the Plaintiff's status report as to the status of service on Defendant Alfredo Celedon #19 . By 02/04/2023, if Plaintiff has not filed a summons returned executed as to Defendant Celadon on the docket, Plaintiff is instructed to file a status report as to the status of service of Defendant Celadon. Emailed notice (cdh, ) |
| Filing 19 STATUS Report as to the Status of Service of Defendant Alfredo Celedon by Badger Mutual Insurance Company (Fathallah, Jason) |
| Filing 18 Plaintiff Badger Mutual Insurance Company's Rule 26(a)(1) Disclosures by Badger Mutual Insurance Company (Fathallah, Jason) |
| Filing 17 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 12/20/2022 at 9:45 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 16 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: refers discovery supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters. (axc) Mailed notice. |
| Filing 15 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the parties' joint initial status report #13 and refers discovery supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters to Magistrate Judge Finnegan. The Court has also reviewed Plaintiff's supplemental initial status report #14 , which informs the Court that all defendants but Defendant Alfredo Celadon. By 12/5/2022, if Plaintiff has not filed a summons returned executed as to Defendant Celadon on the docket, Plaintiff is instructed to file a status report as to the status of service of Defendant Celadon. Mailed notice (axc). |
| Filing 14 STATUS Report Supplemental Initial by Badger Mutual Insurance Company (Fathallah, Jason) |
| Filing 13 STATUS Report Joint by Badger Mutual Insurance Company (Fathallah, Jason) |
| Filing 12 WAIVER OF SERVICE returned executed by Badger Mutual Insurance Company. Ingrace's Company Inc. waiver sent on 10/14/2022, answer due 12/13/2022. (Fathallah, Jason) |
| Filing 11 WAIVER OF SERVICE returned executed by Badger Mutual Insurance Company. Ingrace's Company VIII, Inc. waiver sent on 10/14/2022, answer due 12/13/2022. (Fathallah, Jason) |
| Filing 10 WAIVER OF SERVICE returned executed by Badger Mutual Insurance Company. Ingrace's Company VI, Inc. waiver sent on 10/14/2022, answer due 12/13/2022. (Fathallah, Jason) |
| Filing 9 WAIVER OF SERVICE returned executed by Badger Mutual Insurance Company. Ingrace's Company II, Inc. waiver sent on 10/14/2022, answer due 12/13/2022. (Fathallah, Jason) |
| Filing 8 WAIVER OF SERVICE returned executed by Badger Mutual Insurance Company. H & J Harvest, Inc. waiver sent on 10/14/2022, answer due 12/13/2022. (Fathallah, Jason) |
| Filing 7 WAIVER OF SERVICE returned executed by Badger Mutual Insurance Company. Bryan Choi waiver sent on 10/14/2022, answer due 12/13/2022. (Fathallah, Jason) |
| SUMMONS Issued as to Defendant Alfredo Celedon (kra, ) |
| Filing 6 AMENDED complaint by Badger Mutual Insurance Company against All Defendants (Attachments: #1 Exhibit A)(Fathallah, Jason) |
| SUMMONS Issued as to Defendants Bryan Choi, H & J Harvest, Inc., Ingrace's Company II, Inc., Ingrace's Company Inc., Ingrace's Company VI, Inc., Ingrace's Company VIII, Inc. (ey, ) |
| Filing 5 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 11/14/2022 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Mailed notice (axc). |
| Filing 4 CIVIL Cover Sheet (Fathallah, Jason) |
| Filing 3 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Badger Mutual Insurance Company (Fathallah, Jason) |
| Filing 2 ATTORNEY Appearance for Plaintiff Badger Mutual Insurance Company by Jason R. Fathallah (Fathallah, Jason) |
| Filing 1 COMPLAINT filed by Badger Mutual Insurance Company; Filing fee $ 402, receipt number AILNDC-19795318. (Attachments: #1 Exhibit A - Summons and Complaint Celedon v. Choi)(Fathallah, Jason) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (mbh, ) |
| 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. (mbh, ) |
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