Acuity v. Family Dollar et al
| ACUITY INSURANCE and Acuity |
| Family Dollar, The Travelers Property Casualty Company of America, Unified Investors-Niki II, LP and Dawn Campbell |
| 1:2023cv16929 |
| December 19, 2023 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| Defendant |
Docket Report
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This docket was last retrieved on February 1, 2024. A more recent docket listing may be available from PACER.
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| Filing 32 MINUTE entry (corrected) before the Honorable Virginia M. Kendall. On December 22, 2023 Defendants The Travelers Property Casualty Company of America and Unified Investors-Niki II moved to dismiss Counts III and IV of Plaintiff Acuity's Complaint, (Dkts. 1, 14 ). On January 31, 2024 the parties filed a Joint Status Report requesting this Court dismiss Counts III and IV without prejudice so they may be refiled in state court proceedings. (Dkt. 30 2). The Court grants Defendants motion to dismiss Counts III and IV without prejudice #14 . The parties also indicated they agreed to produce their liability policies to each other by February 29, 2024, so that Acuity may file an amended complaint. (Id.) The briefing schedule is thus updated as follows: Plaintiff Acuity's Amended Complaint shall be filed by 3/21/2024. Defendants shall answer or otherwise plead by 4/11/2024. Status reset for 4/25/2024 at 9:00 AM. Mailed notice (lk, ) |
| Filing 31 MINUTE entry before the Honorable Virginia M. Kendall. On December 22, 2023 Defendants The Travelers Property Casualty Company of America and Unified Investors-Niki II moved to dismiss Counts III and IV of Plaintiff Acuity's Complaint, (Dkts. #1 , #14 ). On January 31, 2024 the parties filed a Joint Status Report requesting this Court dismiss Counts III and IV without prejudice so they may be refiled in state court proceedings. (Dkt. #30 2). The Court grants Defendants motion to dismiss Counts II and IV without prejudice #14 . The parties also indicated they agreed to produce their liability policies to each other by February 29, 2024, so that Acuity may file an amended complaint. (Id.) The briefing schedule is thus updated as follows: Plaintiff Acuity's Amended Complaint shall be filed by 3/21/2024. Defendants shall answer or otherwise plead by 4/11/2024. Status reset for 4/25/2024 at 9:00 AM. Mailed notice (lk, ) |
| Filing 30 STATUS Report Corrected Joint Status Report on Motion to Dismiss and Amended Pleadings by Acuity (Postel, Joseph) |
| Filing 29 STATUS Report Joint Status Report on Motion to Dismiss and Amended Pleadings by Acuity (Postel, Joseph) |
| Filing 28 SUMMONS Returned Executed by Acuity as to Dawn Campbell on 1/27/2024, answer due 2/19/2024. (Postel, Joseph) |
| Filing 27 LOCAL Rule 3.12 Disclosure (Notification of Affiliates) filed by Defendant Family Dollar (McElligott, William) Modified on 1/26/2024; filed as a motion (lk, ). |
| Filing 26 ANSWER to Complaint by Family Dollar(McElligott, William) |
| Filing 25 ATTORNEY Appearance for Defendant Family Dollar by Patti M. Deuel (Deuel, Patti) |
| Filing 24 ATTORNEY Appearance for Defendant Family Dollar by Lawrence Mark Lulich (Lulich, Lawrence) |
| Filing 23 ATTORNEY Appearance for Defendant Family Dollar by William Patrick McElligott (McElligott, William) |
| SUMMONS Issued as to Defendant Dawn Campbell (axa, ) |
| Filing 22 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Unopposed Motion to extend briefing schedule #18 regarding Motion to Dismiss #14 is granted. Response shall be due by /30/2024; Replies due by 2/6/2024. Status hearing is reset for 3/26/2024 at 9:00 AM. Motion hearing set for 1/17/2024 is stricken. Mailed notice (lk, ) |
| Filing 21 Amended NOTICE of Motion by Joseph Patrick Postel for presentment of extension of time #18 before Honorable Virginia M. Kendall on 1/17/2024 at 09:00 AM. (Postel, Joseph) |
| Filing 20 DISCLOSURE of affiliates pursuant to FRCP 7.1 filed by Plaintiff (Postel, Joseph) Modified on 1/16/2024; incorrectly filed as a motion (lk, ). |
| Filing 19 NOTICE of Motion by Joseph Patrick Postel for presentment of extension of time #18 before Honorable Virginia M. Kendall on 1/17/2024 at 09:00 AM. (Postel, Joseph) |
| Filing 18 MOTION by Plaintiff Acuity for extension of time Unopposed Motion to Extend Briefing Schedule (Postel, Joseph) |
| Filing 17 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Travelers Property Casualty Company of America (Passman, Michael) |
| Filing 16 MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Motion to Dismiss #14 . Responses due by 1/16/2024; Replies due by 1/23/2024. Status hearing set for2/27/2024 is reset for 3/12/2024 at 9:00 AM. Mailed notice (lk, ) |
| Filing 15 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 12/28/2023: Mailed notice. (tg, ) |
| Filing 14 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant The Travelers Property Casualty Company of America filed jointly with Defendant Unified Investors-Niki II, LP to dismiss Counts III and IV (Passman, Michael) |
| Filing 13 ATTORNEY Appearance for Defendant Unified Investors-Niki II, LP by Joseph John Wilson (Wilson, Joseph) |
| Filing 12 JURY Demand (Larue, Aaron) |
| Filing 11 ATTORNEY Appearance for Defendant Unified Investors-Niki II, LP by Aaron M Larue (Larue, Aaron) |
| Filing 10 MINUTE entry before the Honorable Virginia M. Kendall. Defendant's Motion for extension of time to answer until 14 days after the Court rules on Motion to Dismiss #4 is granted. Status hearing set for 2/27/2024 at 9:00 AM. Mailed notice (lk, ) |
| Filing 9 ATTORNEY Appearance for Plaintiff Acuity by Christopher James Pickett (Pickett, Christopher) |
| Filing 8 ATTORNEY Appearance for Plaintiff Acuity by Brendan Clayton Ross (Ross, Brendan) |
| Filing 7 ATTORNEY Appearance for Plaintiff Acuity by Joseph Patrick Postel (Postel, Joseph) |
| Filing 6 EXHIBIT by Defendant The Travelers Property Casualty Company of America Exhibit 12 regarding notice of removal, #1 (Passman, Michael) |
| Filing 5 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 4 MOTION by Defendant The Travelers Property Casualty Company of America for extension of time to file answer Complaint (Attachments: #1 Text of Proposed Order Proposed Order)(Passman, Michael) |
| Filing 3 ATTORNEY Appearance for Defendant The Travelers Property Casualty Company of America by Michael Haskell Passman (Passman, Michael) |
| Filing 2 CIVIL Cover Sheet (Passman, Michael) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2023CH09270) filed by The Travelers Property Casualty Company of America Filing fee $ 405, receipt number AILNDC-21439482. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Passman, Michael) |
| CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). (evw, ) |
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