Cincinnati Insurance Company v. Ace American Insurance Company
| Cincinnati Insurance Company |
| Ace American Insurance Company |
| 1:2023cv04536 |
| July 13, 2023 |
| US District Court for the Northern District of Illinois |
| Jeffrey I Cummings |
| John J Tharp |
| M David Weisman |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 27 MINUTE entry before the Honorable M. David Weisman: Given the parties' representations in the joint status report that they will complete fact discovery by the 1/24/24 deadline, they do not plan to do expert discovery, and will engage in settlement discussions after the completion of fact discovery, the Court strikes the 12/14/24 status hearing and sets a status hearing for 2/15/24 at 1:00 p.m. A joint status report shall be filed by 2/12/24. Mailed notice (ao, ) |
| Filing 26 STATUS Report by Ace American Insurance Company Presented before Magistrate Judge (Walker, Douglas) |
| Filing 25 MINUTE entry before the Honorable M. David Weisman: On 9/13/23 #19 , the parties were directed to file a joint status report on 12/11/23. No status report has been filed. The parties shall file a joint status report as previously directed no later than 9:30 a.m. on 12/13/23 addressing the status of the case, whether the parties request a settlement conference and, if necessary, a proposed discovery schedule. Mailed notice (ao, ) |
| Filing 24 MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the parties' joint reassignment status report #23 . The parties are proceeding with discovery under the supervision of Magistrate Judge Weisman and anticipate requesting a settlement conference after the completion of written discovery. The referral to Judge Weisman remains open with full authority to set and adjust deadlines. Status hearing is set for 2/5/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (ao, ) |
| Filing 23 STATUS Report by Cincinnati Insurance Company Presented before District Judge (Odland, Omar) |
Filing 22
ORDER : STANDING ORDER REGARDING REASSIGNED CIVIL CASES: This case has been re-assigned to the initial calendar of Judge Jeffrey I. Cummings. All previously set status and motion hearing dates are stricken. All previously set discovery deadlines and briefing schedules remain intact. Signed by the Honorable Jeffrey I Cummings on 10/30/2023: Mailed notice. (tg, )
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Filing 21
GENERAL ORDER 23-0040: EXECUTIVE COMMITTEE ORDER: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Jeffrey I. Cummings; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Jeffrey I. Cummings; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Jeffrey I. Cummings' 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 Jeffrey I. Cummings to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's criminal case assignment system ninety (90) days so that Judge Cummings shall thereafter receive a full share of such cases. Case reassigned to the Honorable Jeffrey Cummings for all further proceedings. Honorable John J. Tharp, Jr. no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/26/2023.(ntf, )
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| Filing 20 CERTIFICATE of Service by Omar S. Odland on behalf of Cincinnati Insurance Company (Odland, Omar) |
| Filing 19 MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held. Plaintiff indicates that initial disclosures have been exchanged and discovery likely will be limited. Defendant requests 90 days to review discovery on issue of self-insurance retention and pursue further discussions with plaintiff. Status hearing set for 12/14/23 at 9:15 a.m. Joint status report to be filed on 12/11/23 addressing the status of the case, whether the parties request a settlement conference and, if necessary, a proposed discovery schedule. Mailed notice (ao, ) |
| Filing 18 MINUTE entry before the Honorable M. David Weisman: Parties must dial in using the Court's conference call-in number for the hearing set for 9/13/23. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Please note that the Court's 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 by the Court. Once the Court has heard your case you shall disconnect from the conference line. Members of the public and media who wish to listen to this hearing may call in. 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 (ao, ) |
| Filing 17 MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman for the purposes of discovery scheduling and supervision and to conduct a settlement conference. Initial status hearing scheduled for 9/13/23 at 9:15 a.m. Prior to the status hearing, the Court specifically requests that counsel consult the Court's standing order. If the parties believe the case is ready for a settlement conference, counsel should have available dates for a settlement conference for all necessary parties in advance of the status hearing, and to the extent possible, consult with opposing counsel in an attempt to identify mutually convenient and feasible dates for the settlement conference. Judge Weisman generally conducts settlement conferences Tuesdays, Wednesdays, Thursdays, and Fridays at either 10:30 a.m. to 12:30 p.m. or 2:00 p.m. to 4:00 p.m. Other dates and times may be available as required by the Court or the parties. If the parties do not wish to set a settlement conference at this time, the parties should be prepared to discuss discovery scheduling and related issues. Mailed notice (ao, ) |
| Filing 16 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable M. David Weisman for the purpose of holding proceedings related to: discovery scheduling and supervision, settlement conference. (air, )Mailed notice. |
| Filing 15 MINUTE entry before the Honorable John J. Tharp, Jr: The Court has reviewed the parties' joint initial status report #14 and will adopt their agreed case management schedule. Rule 26(a)(1) initial disclosures due 9/8/23; fact discovery closes 1/25/24. This matter is referred to the assigned magistrate judge for all further discovery scheduling and supervision, and for any settlement conference the parties may seek. Mailed notice (air, ) |
| Filing 14 STATUS Report Initial Status Report by Ace American Insurance Company (Walker, Douglas) |
| Filing 13 ANSWER to Complaint for Declaratory Relief by Ace American Insurance Company(Walker, Douglas) |
| Filing 12 MINUTE entry before the Honorable John J. Tharp, Jr:Ace American Insurance Company's unopposed motion for extension of time to respond to the complaint #11 is granted. Its answer or other responsive pleading is due 8/11/23. The parties are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 8/25/2023. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice (air, ) |
| Filing 11 MOTION by Defendant Ace American Insurance Company for extension of time to file answer (Unopposed Motion for Extension of Time to Respond to the Complaint) (Walker, Douglas) |
| Filing 10 ATTORNEY Appearance for Defendant Ace American Insurance Company by Douglas William Walker (Walker, Douglas) |
| Filing 9 ATTORNEY Appearance for Defendant Ace American Insurance Company by Evan Saint Cloud (Saint Cloud, Evan) |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Cincinnati Insurance Company (Odland, Omar) |
| Filing 7 MAILED Notice of Removal letter to counsel of record. (rc, ) |
| 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. (rc, ) |
| Filing 6 ATTORNEY Appearance for Plaintiff Cincinnati Insurance Company by Omar S. Odland (Odland, Omar) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ace American Insurance Company (Wadley, Christopher) |
| Filing 4 NOTICE of Correction regarding 73.1(b) notice. (sxh, ) |
| Filing 3 ATTORNEY Appearance for Defendant Ace American Insurance Company by Christopher A Wadley (Wadley, Christopher) |
| Filing 2 CIVIL Cover Sheet (Wadley, Christopher) |
| Filing 1 NOTICE of Removal filed by Ace American Insurance Company Filing fee $ 402, receipt number AILNDC-20826558. (Attachments: #1 Exhibit Summons, #2 Exhibit Complaint, #3 Exhibit Complaint-Exhibit A (MLP-Safway Contract), #4 Exhibit Complaint-Exhibit B (ACE Policy), #5 Exhibit Complaint-Exhibit C (MLP-Nagel Contract), #6 Exhibit Complaint-Exhibit D (Cincinnati Policy), #7 Exhibit Complaint-Exhibit E (Riegler Complaint), #8 Exhibit Christopher A. Wadley Declaration, #9 Exhibit Wadley Declaration-Exhibit A (07/10/2023 Email from Odland to Wadley))(Wadley, Christopher) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (sxh, ) |
| ENTERED IN ERROR. (sxh, ) Modified on 7/13/2023 (sxh, ). |
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| Plaintiff: Cincinnati Insurance Company | |
| Represented By: | Omar S. Odland |
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| Defendant: Ace American Insurance Company | |
| Represented By: | Christopher A Wadley |
| Represented By: | Evan Saint Cloud |
| Represented By: | Douglas William Walker |
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