Depositors Insurance Company v. Hamilton Beach/Proctor-Silex, Inc. Featured Case
Plaintiff: Depositors Insurance Company
Defendant: Hamilton Beach/Proctor-Silex, Inc.
Case Number: 3:2008cv00125
Filed: February 22, 2008
Court: US District Court for the Southern District of Illinois
Office: East St. Louis Office
County: Madison
Presiding Judge: William D. Stiehl
Presiding Judge: Donald G. Wilkerson
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 25, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 29, 2010 Filing 67 CLERK'S JUDGMENT dismissing case with prejudice. Approved by Chief Judge David R. Herndon on 1/28/10. (skp)
January 26, 2010 Opinion or Order Filing 66 ORDER ACKNOWLEDGING 64 Parties' Stipulation of Dismissal. Accordingly, this case is hereby DISMISSED WITH PREJUDICE, each Party to bear their own costs and fees. Signed by Chief Judge David R. Herndon on 01/25/2010. (seg)
January 26, 2010 Filing 65 NOTICE OF ERRORS AND/OR DEFICIENCIES re 64 Stipulation of Dismissal filed by Hamilton Beach/Proctor-Silex, Inc.. See attached document for specifics (trb)
January 22, 2010 Filing 64 STIPULATION of Dismissal by Hamilton Beach/Proctor-Silex, Inc.. (Thomas, William)
November 30, 2009 Opinion or Order Filing 63 60 DAY ORDER advising that case has settled. Responses due by 1/29/2010. Signed by Chief Judge David R. Herndon on 11/30/09. (skp)
November 24, 2009 Filing 62 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 61 60 Day Order. Order inadvertently entered by Magistrate Judge. District Judge will enter the 60 day order.(jmp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 24, 2009 Opinion or Order Filing 61 DOCKET ENTRY STRICKEN - 60 DAY ORDER (Responses due by 3/1/2010). Signed by Magistrate Judge Donald G. Wilkerson on 11/24/2009. (jmp) Modified on 11/24/2009 (jmp).
November 24, 2009 Filing 60 Status Conference scheduled for 11/24/2009 is CANCELLED. Parties have notified the Court they have come to a settlement agreement. 60 day order to issue. (jmp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 17, 2009 Filing 59 Minute Entry for Telephonic Status Conference held before Magistrate Judge Donald G. Wilkerson on 11/17/2009. Stuart M. Brody appeared by phone on behalf of Plaintiff Depositors Insurance Company; William S. Thomas appeared by phone on behalf of Defendant Hamilton Beach/Proctor-Silex. Settlement discussed. Telephonic Status Conference continued set for 11/24/2009 at 2:00 PM before Magistrate Judge Donald G. Wilkerson. Plaintiff Depositors Insurance Company shall initiate call to the Court's teleconference line: 618/482-9004. Parties shall contact the Court if continued settlement discussions become unnecessary. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 10, 2009 Opinion or Order Filing 58 ORDER: The status conference set for November 17, 2009 at 10:00 a.m. is RESET for November 17, 2009 at 10:30 a.m. Signed by Magistrate Judge Donald G. Wilkerson on 11/10/2009. (klb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 10, 2009 Filing 57 NOTICE TO COUNSEL: The settlement conference set for November 17, 2009 is CANCELED. The Court will hold a telephonic STATUS CONFERENCE on November 17, 2009 at 10:00 a.m. in the East St. Louis Courthouse before United States Magistrate Judge Donald G. Wilkerson. Counsel for Plaintiff is responsible for initiating conference call to all parties before calling the Court's conference line: 618-482-9004. Signed by Magistrate Judge Donald G. Wilkerson on 11/10/2009. (klb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 21, 2009 Opinion or Order Filing 56 AMENDED SCHEDULING ORDER: Discovery due by 12/20/2009. Jury Trial RESET for the presumptive month of April 2010 before Chief Judge David R. Herndon. The Settlement Conference is RECONVENED for 11/17/2009 at 9:00 AM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 10/21/2009. (hbs)
October 20, 2009 Filing 55 Minute Entry for Telephonic Status Conference held on 10/20/2009 before Magistrate Judge Donald G. Wilkerson. Stuart M. Brody appeared by phone on behalf of Plaintiff Depositors Insurance Company; William S. Thomas appeared by phone on behalf of Defendant Hamilton Beach/Proctor-Silex, Inc. Plaintiff is directed to file notice with the Court by 11/3/2009, that it does not contest the Defendants Motion for Partial Summary Judgment 44 . Amended Scheduling Order to issue. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 20, 2009 Opinion or Order Filing 54 ORDER. Telephonic Status Conference set for 10/20/2009 at 3:00 PM before Magistrate Judge Donald G. Wilkerson. Plaintiff shall initiate call to the Court's teleconference line: 618/482-9004. Signed by Magistrate Judge Donald G. Wilkerson on 10/20/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 5, 2009 Opinion or Order Filing 53 ORDER denying without prejudice 30 Motion for Protective Order. Signed by Magistrate Judge Donald G. Wilkerson on 6/5/2009. (hbs)
June 4, 2009 Opinion or Order Filing 52 ORDER. Plaintiff's response deadline for 44 MOTION for Partial Summary Judgment is extended to 8/21/2009. Signed by Magistrate Judge Donald G. Wilkerson on 6/4/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 26, 2009 Opinion or Order Filing 51 AMENDED SCHEDULING ORDER. Discovery due by 8/7/2009. Dispositive Motions due by 8/21/2009. Jury Trial is RESET for the presumptive trial month of December 2009. Signed by Magistrate Judge Donald G. Wilkerson on 5/26/2009. (hbs)
May 26, 2009 Opinion or Order Filing 50 ORDER granting 47 Motion for Extension of Time; granting 48 Motion for Extension of Time. Amended Scheduling Order to issue. Signed by Magistrate Judge Donald G. Wilkerson on 5/26/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 22, 2009 Filing 49 NOTICE OF ERRORS AND/OR DEFICIENCIES re 48 Motion for Extension of Time filed by Depositors Insurance Company. See attached document for specifics (trb)
May 20, 2009 Filing 48 MOTION for Extension of Time by Depositors Insurance Company. (Attachments: # 1 Exhibit 1-Deleted see Notice of Errors)(Brody, Stuart)
May 7, 2009 Filing 47 MOTION for Extension of Time by Depositors Insurance Company. (Brody, Stuart)
April 29, 2009 Filing 46 MEMORANDUM in Support re 44 MOTION for Partial Summary Judgment On Count II of Plaintiff's Complaint filed by Hamilton Beach/Proctor-Silex, Inc.. (Thomas, William)
April 29, 2009 Filing 45 STIPULATION re 44 MOTION for Partial Summary Judgment On Count II of Plaintiff's Complaint by Hamilton Beach/Proctor-Silex, Inc.. (Attachments: # 1 Exhibit 1-deposition of Melissa Unger, # 2 Exhibit 2-deposition of Michael Unger, # 3 Exhibit 3-Guide)(Thomas, William)
April 29, 2009 Filing 44 MOTION for Partial Summary Judgment On Count II of Plaintiff's Complaint by Hamilton Beach/Proctor-Silex, Inc.. Responses due by 6/1/2009 (Thomas, William)
April 2, 2009 Opinion or Order Filing 43 ORDER: Settlement Conference set for 4/21/2009 is CANCELED and RESET for 6/3/2009 at 9:00 AM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 4/2/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 2, 2009 Filing 42 Minute Entry for Telephonic Discovery Dispute Conference held before Magistrate Judge Donald G. Wilkerson on 4/2/2009. Stuart M. Brody appeared by phone for Plaintiff; William S. Thomas appeared by phone for Defendant. The Defendant shall produce no later than May 1, 2009, Circuit Diagrams/Schematic Diagrams of the Printed Circuit Boards for Hamilton Beach Toaster Model Nos. 22625, 24203, and 24205. All documents produced are subject to the protective order of the parties. The Parties informed the Court that they will resolve other discovery disputes without Court intervention. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 25, 2009 Opinion or Order Filing 41 ORDER: A Telephonic Discovery Dispute Conference is set for 4/2/2009 at 3:00 PM before Magistrate Judge Donald G. Wilkerson. Plaintiff shall initiate conference call to the Court's teleconference line: 618/482-9004. Signed by Magistrate Judge Donald G. Wilkerson on 3/25/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 23, 2009 Opinion or Order Filing 40 ORDER striking 35 Motion to Compel. Parties shall refer to the Court's Order Regarding Discovery 26 for proper procedures for resolving discovery disputes. Signed by Magistrate Judge Donald G. Wilkerson on 3/23/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 23, 2009 Opinion or Order Filing 39 ORDER striking 32 Motion to Compel. Parties shall refer to the Court's Order Regarding Discovery 26 for proper procedures for resolving discovery disputes. Signed by Magistrate Judge Donald G. Wilkerson on 3/23/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 19, 2009 Filing 38 REPLY to Response to Motion re 32 MOTION to Compel filed by Depositors Insurance Company. (Brody, Stuart)
March 18, 2009 Filing 37 RESPONSE in Opposition re 35 MOTION to Compel filed by Depositors Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Brody, Stuart)
March 13, 2009 Filing 36 RESPONSE in Opposition re 32 MOTION to Compel filed by Hamilton Beach/Proctor-Silex, Inc.. (Attachments: # 1 Exhibit Ptf's Supp RFP to Def, # 2 Exhibit Def's Objs to Ptfs' Supp RFP, # 3 Exhibit Toaster Model 22625, # 4 Exhibit Toster Model 24203, # 5 Exhibit HB Toasters)(Thomas, William)
March 9, 2009 Filing 35 Stricken per order at doc #40 MOTION to Compel by Hamilton Beach/Proctor-Silex, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Thomas, William)
March 6, 2009 Filing 34 NOTICE OF ERRORS AND/OR DEFICIENCIES re 32 Motion to Compel filed by Depositors Insurance Company. See attached document for specifics (trb)
March 5, 2009 Filing 33 NOTICE/ Certificate of Service by Depositors Insurance Company re 32 MOTION to Compel (Brody, Stuart)
March 5, 2009 Filing 32 Entry Stricken per order at doc #39 MOTION to Compel by Depositors Insurance Company. (Attachments: # 1 Exhibit A)(Brody, Stuart)
February 10, 2009 Opinion or Order Filing 31 ORDER: Based upon the representation of the parties that settlement negotiations would not be fruitful at this point in the litigation, the Settlement Conference set for 2/26/2009 is CANCELED and RESET for for 4/21/2009 at 9:00 AM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 2/10/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 7, 2008 Filing 30 MOTION for Protective Order of Confidentiality by Hamilton Beach/Proctor-Silex, Inc.. (Thomas, William)
October 24, 2008 Filing 29 Corporate Disclosure Statement by Hamilton Beach/Proctor-Silex, Inc.. (Thomas, William)
October 23, 2008 Filing 28 Corporate Disclosure Statement by Depositors Insurance Company. (Brody, Stuart)
October 14, 2008 Set/Reset Deadlines: Action due by 10/24/2008. (trb)
October 14, 2008 Opinion or Order Filing 27 ORDER for Plaintiff and Defendant to each file their Rule 7.1 disclosure statement by 10/24/2008. Signed by Chief Judge David R Herndon on 10/14/2008. (seg)
July 23, 2008 Opinion or Order Filing 26 ORDER REGARDING DISCOVERY. Signed by Magistrate Judge Donald G. Wilkerson on July 21, 2008. (jmp)
July 23, 2008 Opinion or Order Filing 25 ORDER AND NOTICE OF SETTLEMENT CONFERENCE: Settlement Conference set for 2/26/2009 at 9:00 AM in East St. Louis Court House before Magistrate Judge Donald G. Wilkerson. (jmp)
July 23, 2008 Opinion or Order Filing 24 SCHEDULING ORDER: Discovery due by 3/31/2009. Dispositive Motions due by 4/30/2009. Signed by Magistrate Judge Donald G. Wilkerson on 7/21/2008. (jmp)
July 21, 2008 Opinion or Order Filing 23 ORDER: Jury Trial is RESET for the presumptive trial month of October 2009. Signed by Magistrate Judge Donald G. Wilkerson on 7/21/2008. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 21, 2008 Opinion or Order Filing 22 ORDER granting 20 Motion to Continue. Signed by Magistrate Judge Donald G. Wilkerson on 7/21/2008. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 21, 2008 Filing 21 Minute Entry for Telephonic Scheduling/Discovery Conference held on 7/21/2008 before Magistrate Judge Donald G. Wilkerson. Scheduling orders to issue. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 21, 2008 Filing 20 MOTION to Continue by Hamilton Beach/Proctor-Silex, Inc.. (Thomas, William)
June 17, 2008 Filing 19 NOTICE TO COUNSEL: Telephonic Scheduling/Discovery Conference set for 7/21/2008 at 1:30 PM in East St. Louis Court House before Magistrate Judge Donald G. Wilkerson. (jmp)
June 17, 2008 Opinion or Order Filing 18 ORDER granting 15 Motion for Order to set a scheduling and discovery conference. Signed by Magistrate Judge Donald G. Wilkerson on 6/17/2008. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 12, 2008 Filing 17 NOTICE OF ERRORS AND/OR DEFICIENCIES re 16 Notice (Other) filed by Depositors Insurance Company, 15 Motion for Order filed by Depositors Insurance Company. See attached document for specifics (trb)
June 11, 2008 Filing 16 NOTICE by Depositors Insurance Company re 15 MOTION for Order to Set a Scheduling and Discovery Conference (Brody, Stuart)
June 11, 2008 Filing 15 MOTION for Order to Set a Scheduling and Discovery Conference by Depositors Insurance Company. (Brody, Stuart)
April 4, 2008 Opinion or Order Filing 14 ORDER denying 4 MOTION for More Definite Statement filed by Hamilton Beach/Proctor-Silex, Inc. Signed by Magistrate Judge Donald G. Wilkerson on 4/4/2008. (hbs)
March 26, 2008 Filing 13 RETURN OF SERVICE EXECUTED by Depositors Insurance Company on February 11, 2008. (Zittel, Matthew)
March 20, 2008 Filing 12 CJRA TRACK B assigned: Jury Trial set for presumptive month of April 2009 in East St. Louis Court House before Chief Judge David R Herndon. (pab )
March 19, 2008 Filing 11 ANSWER TO AFFIRMATIVE DEFENSES re 9 by Depositors Insurance Company. (Brody, Stuart)
March 17, 2008 Opinion or Order Filing 10 ORDER OF RECUSAL. Judge William D. Stiehl recused. Case reassigned to Chief Judge David R. Herndon for all further proceedings. Signed by Judge William D. Stiehl on 03/17/08. (jkb)
March 12, 2008 Filing 9 ANSWER to Complaint by Hamilton Beach/Proctor-Silex, Inc..(Thomas, William)
March 10, 2008 Filing 8 RESPONSE To the Defendant's Demand for Bill of Particulars filed by Depositors Insurance Company. (Brody, Stuart)
March 6, 2008 Filing 7 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 5 Response filed by Depositors Insurance Company. See attached document for specifics (trb)
March 5, 2008 Filing 5 ENTRY STRICKEN: RESPONSE to the Defendant's Demand for Bill of Particulars filed by Depositors Insurance Company. (Brody, Stuart)
March 3, 2008 Filing 6 Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Stuart M. Brody for Depositors Insurance Company. $100.00 fee paid,receipt number 34625004495 (tkm )
February 25, 2008 Filing 4 MOTION for More Definite Statement by Hamilton Beach/Proctor-Silex, Inc.. (Thomas, William)
February 25, 2008 Filing 3 NOTICE OF REMOVAL by Hamilton Beach/Proctor-Silex, Inc. from Madison County, case number 08L37. ( Filing fee $ 350) (Attachments: # 1 Attachment 1-Complaint, # 2 Civil Cover Sheet Attachment 2)(Thomas, William)
February 25, 2008 Filing 2 NOTICE by Hamilton Beach/Proctor-Silex, Inc. re 1 Case Opened, Notice of Filing Notice of Removal (Thomas, William)
February 22, 2008 Filing 1 Case Opened. Filing fee paid $ 350.00, Receipt Number 34625004303. Documents may now be electronically filed. Case number 08-125-WDS must be placed on all documents prior to filing them electronically. (Attachments: # 1 Notice to Consent by Magistrate Judge)(dkd )

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Plaintiff: Depositors Insurance Company
Represented By: Matthew C. Zittel
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Defendant: Hamilton Beach/Proctor-Silex, Inc.
Represented By: William S Thomas
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