Progressive Northern Insurance Company v. Ford Motor Company
| Progressive Northern Insurance Company |
| Ford Motor Company |
| 3:2016cv00951 |
| August 25, 2016 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| XX US, Outside State |
| J Phil Gilbert |
| Nancy J Rosenstengel |
| Stephen C Williams |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Property Damage |
| Defendant |
Docket Report
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This docket was last retrieved on July 26, 2017. A more recent docket listing may be available from PACER.
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| Filing 63 CLERK'S JUDGMENT. Signed by Judge Nancy J. Rosenstengel on 7/26/2017. (mlp) |
Filing 62
60 DAY ORDER: The undersigned District Judge has been advised by Magistrate Judge Stephen C. Williams that this action is settled in its entirety, but the parties need additional time to finalize the settlement documents. Accordingly, the undersigned District Judge DIRECTS the Clerk of Court, 60 days after this Order is docketed, to ENTER JUDGMENT OF DISMISSAL with prejudice. Each party shall bear its own costs, unless otherwise provided in the settlement documents. The parties shall also obey the terms and conditions of the settlement documents, particularly the provision requiring prompt payment of the settlement amount, if said provision exists. If the parties fail to finalize the settlement within the 60-day period, they may -- before that period expires -- move to postpone entry of judgment to a later date. Due to the settlement, the Court CANCELS all settings in this case. Responses due by 7/11/2017. Signed by Judge Nancy J. Rosenstengel on 5/12/2017. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 61 Minute Entry for proceedings held before Magistrate Judge Stephen C. Williams: Status Conference held on 5/12/2017. Lesley Pickering for Plaintiff. Michael Adler for Defendant. Parties indicate all remaining claims have been settled and 60 day order may be entered. (Court Reporter n/a.) (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 60
ORDER TO SHOW CAUSE: Defendant Ford Motor Co. filed its Memorandum of Law in Support of its Motion for Summary Judgment (Doc. #45 ) under seal; however, the memorandum does not appear to contain any confidential information. Accordingly, Defendant is ORDERED to show cause by April 28, 2017, why the memorandum should remain sealed. Absent good cause, the Court will unseal the memorandum. Show Cause Response due by 4/28/2017. Signed by Judge Nancy J. Rosenstengel on 4/21/2017. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 59
ORDER: The Motion for Summary Judgment as to Count I filed by Defendant Ford Motor Co. (Doc. #44 ) is GRANTED. Count I is DISMISSED with prejudice. The Motion to Dismiss Counts II and III {Doc. #48 ) filed by Ford is GRANTED to the extent that Progressive seeks recovery for the loss of the 2002 Ford F-150. Progressive's claims in Counts II and III survive only to the extent it seeks recovery for damages to any additional property. Progressive's claims for damages related to the loss of the truck are DISMISSED with prejudice. Signed by Judge Nancy J. Rosenstengel on 4/21/2017. (mlp)
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| Filing 58 Minute Entry for proceedings held before Magistrate Judge Stephen C. Williams: Status Conference held on 4/14/2017. Lesley Pickering for Plaintiff. Michael Adler for Defendant. Plaintiff has disclosed its expert and discovery continues. The parties have begun negotiations and Plaintiff is considering a response to Defendant's initial offer. Status Conference set for 5/12/2017 at 1:30 PM via Telephone Conference before Magistrate Judge Stephen C. Williams in order to discuss scheduling a settlement conference. Instructions for placing the conference call are as follows: Call toll free 888-684-8852; when prompted enter Access Code 6049846; and when prompted enter Security Code 9467. (Court Reporter n/a.) (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 57
ORDER granting #56 Motion to Appear Pro Hac Vice by Attorney Mark H. Boyle on behalf of Ford Motor Company. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 56 MOTION to Appear Pro Hac Vice by Attorney Mark H. Boyle $200 fee paid,receipt number 0754-3195097 by on behalf of Ford Motor Company. (Boyle, Mark) |
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Filing 55
ORDER granting #54 Motion to Substitute Attorney. Attorney John A. Krivicich terminated. Attorney Boyle is DIRECTED to file a notice entering his appearance on behalf of Ford Motor Company instanter. Signed by Magistrate Judge Stephen C. Williams on 3/13/2017. (rms2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 54 MOTION to Substitute Attorney by Ford Motor Company. (Krivicich, John) |
| Filing 53 RESPONSE to Motion re #48 MOTION to Dismiss Counts II & III to plaintiff's Complaint filed by Progressive Northern Insurance Company. (Pickering, Lesley) |
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Filing 52
PROTECTIVE ORDER. The Court hereby adopts the proposed protective order submitted by the parties, with modifications to Paragraph 11. Signed by Magistrate Judge Stephen C. Williams on 1/18/17. (Attachments: #1 Exhibit A)(rms2)
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| Filing 51 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #50 Notice (Other), filed by Ford Motor Company. A notice of filing is not required to be efiled in this court unless ordered to do so. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 50 ENTRY STRICKEN: NOTICE by Ford Motor Company re #47 Stipulation, #48 MOTION to Dismiss Counts II & III to plaintiff's Complaint, #49 Exhibit, #45 Sealed Memorandum in Support, #44 MOTION for Summary Judgment Notice of Filing (Adler, Michael) Modified on 12/27/2016 (lmb). |
| Filing 49 EXHIBIT by Ford Motor Company. Exhibit A to Motion to Dismiss #48 . (Adler, Michael) |
| Filing 48 MOTION to Dismiss Counts II & III to plaintiff's Complaint by Ford Motor Company. Responses due by 1/26/2017 (Adler, Michael) |
| Filing 47 STIPULATION re #45 Sealed Memorandum in Support, #44 MOTION for Summary Judgment Statement of Undisputed Material Facts by Ford Motor Company. (Adler, Michael) |
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Filing 46
SCHEDULING ORDER: Discovery due by 6/7/2017. Dispositive Motions due by 6/23/2017. Signed by Magistrate Judge Stephen C. Williams on 12/23/2016. (Attachments: #1 Joint Report of the Parties)(rms2)
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| Filing 45 Sealed Memorandum in Support re #44 MOTION for Summary Judgment filed by Ford Motor Company. (Adler, Michael) Unsealed pursuant to Order at Doc. 60 (drb). |
| Filing 44 MOTION for Summary Judgment by Ford Motor Company. Responses due by 1/26/2017 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Adler, Michael) |
| Filing 43 Minute Entry for proceedings held before Magistrate Judge Stephen C. Williams: Status Conference held on 12/22/2016. Lesley Pickering for Plaintiff. Mike Adler and John Krivicich for Defendant. Court adopts proposed scheduling order with modifications to par. 8(C). The parties shall submit a proposed protective order no later than 1/16/17. Status Conference set for 4/14/2017 at 9:00 AM via Telephone Conference before Magistrate Judge Stephen C. Williams. Instructions for placing the conference call are as follows: Call toll free 888-684-8852; when prompted enter Access Code 6049846; and when prompted enter Security Code 9467. (Court Reporter n/a.) (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 42 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #37 Status Report filed by Ford Motor Company, #38 Notice (Other) filed by Ford Motor Company. A completed form Joint Report of Parties and Proposed Scheduling and Discovery Order shall be submitted, not filed, to the assigned magistrate judges e-mail address for proposed documents. The subject line of the e- mail must include the case number and reference Joint Report. As to document #38, Notice of Filings are not required in this Court. THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (trb) |
| Filing 41 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #39 Status Report filed by Ford Motor Company, #40 Status Report filed by Ford Motor Company. A completed form Joint Report of Parties and Proposed Scheduling and Discovery Order shall be submitted, not filed, to the assigned magistrate judges e-mail address for proposed documents. The subject line of the e- mail must include the case number and reference Joint Report. THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED (trb) |
| Filing 40 STRICKEN:STATUS REPORT Proposed Scheduling and Discovery Order by Ford Motor Company. (Krivicich, John) Modified on 12/15/2016 (trb). |
| Filing 39 STRICKEN: STATUS REPORT Proposed Order by Ford Motor Company. (Krivicich, John) Modified on 12/15/2016 (trb). |
| Filing 38 STRICKEN: NOTICE by Ford Motor Company re #37 Status Report (Krivicich, John) Modified on 12/15/2016 (trb). |
| Filing 37 STRICKEN: STATUS REPORT Joint Report of Parties and Proposed Scheduling and Discovery Order by Ford Motor Company. (Krivicich, John) Modified on 12/15/2016 (trb). |
| Filing 36 NOTICE of Scheduling and Discovery Conference: Scheduling and Discovery Conference set for 12/22/2016 at 4:00 PM via Telephone Conference before Magistrate Judge Stephen C. Williams. (amv) |
| Filing 35 CJRA TRACK B assigned: Final Pretrial Conference set for 9/14/2017 at 1:30 PM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Presumptive Jury Trial month set for October, 2017. (Attachments: #1 Consent to Magistrate Judge)(drb) |
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Filing 34
ORDER granting #33 Motion to Appear Pro Hac Vice by Attorney Lesley Diana Pickering on behalf of Progressive Northern Insurance Company. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 33 First MOTION to Appear Pro Hac Vice by Attorney Lesley Diana Pickering $200 fee paid,receipt number 0754-3036594 by on behalf of Progressive Northern Insurance Company. (Pickering, Lesley) |
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Filing 32
ORDER granting #31 Motion to Appear Pro Hac Vice by John A. Krivicich on behalf of Ford Motor Company. (jlrr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 31 MOTION to Appear Pro Hac Vice by Attorney John A. Krivicich $200 fee paid,receipt number 0754-3028360 by on behalf of Ford Motor Company. (Krivicich, John) |
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Filing 30
ORDER OF RECUSAL. Judge J. Phil Gilbert recused. Case reassigned to Judge Nancy J. Rosenstengel for all further proceedings. Signed by Judge J. Phil Gilbert on 8/31/2016. (jdh)
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| Filing 29 Letter to Attorney Pickering regarding transfer of case and admission to practice in the Southern District of Illinois. (anm) |
| Filing 28 Letter to Attorney Krivicich regarding transfer of case and admission to practice in the Southern District of Illinois. (anm) |
| Filing 27 Letter to Attorney Adler regarding transfer of case and admission to practice in the Southern District of Illinois. (anm) |
| Filing 26 Case transferred in from District of Illinois Northern; Case Number 1:16-cv-5665. Original file certified copy of transfer order and docket sheet received. |
| Filing 25 TRANSFERRED to the Southern District of Illinois the electronic record. (nsf, ) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 24 MINUTE entry before the Honorable John Robert Blakey: Plaintiff Progressive Northern Insurance Company issued a comprehensive insurance policy to Daniel Vanderiet, who owned a 2002 Ford F150. On October 7, 2014, the vehicle, along with other items, was destroyed by fire. Progressive paid Vanderiet $118,751.67 on his property damage claim, and now seeks to recoup those monies from Ford. In its complaint, filed initially in the Circuit Court of Cook County and then removed to this Court, Progressive alleges that the speed control deactivation switch on the F150 was defective and caused the fire; Progressive (as Vanderiet's subrogor) sued Ford for breach of warranty, strict liability and negligence. After removing the case to this District, Ford filed a motion for summary judgment #11 and a motion to dismiss #12 . Ford also filed a motion seeking to transfer the case under 28 U.S.C. 1404(a) to the Southern District of Illinois #13 , where the fire occurred and where the majority of the witnesses are located. Progressive does not oppose the transfer and concedes that the Southern District of Illinois is an appropriate forum. For this reason, and because the convenience of the parties and witnesses and the interests of justice weigh in favor of the transfer, the motion is granted, and the case is transferred to the Southern District of Illinois. Ford's motion for summary judgment #11 and motion to dismiss #12 are denied without prejudice. The status and motion hearing previously scheduled for 8/11/16 is stricken, and the parties need not appear. Mailed notice (gel, ) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 23 STATUS Report (Joint Initial) by Ford Motor Company (Adler, Michael) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 22 REPLY by Defendant Ford Motor Company to motion to transfer case #13 (Adler, Michael) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 21 CERTIFICATE of Service of Discovery Document (Adler, Michael) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 20 MINUTE entry before the Honorable John Robert Blakey: The parties' agreed motion to modify the briefing schedule #18 is granted. Plaintiff shall file a response to Defendant's motion to transfer #13 by 7/20/16, and Defendant shall file a reply by 7/27/16. Additionally, the 7/27/16 initial status conference date is stricken and reset to 8/11/16 at 9:45 a.m. in Courtroom 1725. Defendant's motion for summary judgment #11 and motion to dismiss #12 are entered and continued to 8/11/16. The 6/21/16 Notice of Motion dates are stricken, and the parties need not appear. Mailed notice (gel, ) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 19 NOTICE of Motion by Michael Harris Adler for presentment of motion for extension of time to file response/reply, motion for relief #18 before Honorable John Robert Blakey on 6/21/2016 at 09:45 AM. (Adler, Michael) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 18 MOTION by Defendant Ford Motor Company for extension of time to file response/reply as to terminate deadlines, #15 Agreed Motion to Modify Briefing Schedule (Adler, Michael) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 17 NOTICE of Motion by Michael Harris Adler for presentment of Motion to Dismiss for Failure to State a Claim #12 before Honorable John Robert Blakey on 6/21/2016 at 09:45 AM. (Adler, Michael) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 16 NOTICE of Motion by Michael Harris Adler for presentment of motion for summary judgment, #11 before Honorable John Robert Blakey on 6/21/2016 at 09:45 AM. (Adler, Michael) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 15 MINUTE entry before the Honorable John Robert Blakey: Briefing on Defendant's motion to transfer #13 is set as follows: Plaintiff shall file a response by 6/22/16, and Defendant shall file a reply by 6/29/16. The 6/9/16 Notice of Motion date is stricken, and the parties need not appear. Mailed notice (gel, ) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 14 NOTICE of Motion by Michael Harris Adler for presentment of motion to transfer case #13 before Honorable John Robert Blakey on 6/9/2016 at 09:45 AM. (Attachments: #1 Certificate of Service)(Adler, Michael) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 13 MOTION by Defendant Ford Motor Company to transfer case (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Adler, Michael) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit)(Adler, Michael) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 11 MOTION by Defendant Ford Motor Company for summary judgment (Attachments: #1 Supplement Statement of Undisputed Facts, #2 Supplement Memorandum of Law in Support of Motion for Summary Judgement, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B)(Adler, Michael) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 10 ANSWER to Complaint with Jury Demand by Ford Motor Company (Attachments: #1 Supplement Jury Demand)(Adler, Michael) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 9 ATTORNEY Appearance for Plaintiff Progressive Northern Insurance Company by Lesley Diana Pickering (Pickering, Lesley) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 8 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. An initial status conference is set for 7/27/16 at 9:45 a.m. in Courtroom 1725. The parties are advised to review and strictly comply with the Court's standing order concerning initial status conferences and the filing of the initial status report (which, in this case, will be due no later than 7/19/16). The standing order and the template for the initial status report are available on the Court's homepage at www.ilnd.uscourts.gov. By way of preliminary information, the Court expects attorneys to appear at all set dates. If an attorney has a conflict with a set date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a conflict is not a substitute for communicating with the Court. Attorneys who fail to appear and fail to notify the Courtroom Deputy of any conflict may be subject to sanctions. Additionally, the parties are strongly encouraged to consider consenting to proceed before the assigned United States Magistrate Judge. Should the parties elect to do so, they should notify Mrs. Lewis, and the case will be reassigned upon receipt of the signed consent form. Mailed notice (gel, ) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 7 ATTORNEY Appearance for Plaintiff Progressive Northern Insurance Company by Jeffrey S. Deutschman (Deutschman, Jeffrey) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 6 MAILED Notice of Removal Letter to Counsel of Record. (mr, ) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 5 ATTORNEY Appearance for Defendant Ford Motor Company by Michael Harris Adler (Adler, Michael) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ford Motor Company (Krivicich, John) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 3 ATTORNEY Appearance for Defendant Ford Motor Company by John Augustine Krivicich (Krivicich, John) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 2 CIVIL Cover Sheet (Krivicich, John) [Transferred from Illinois Northern on 8/25/2016.] |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (16 L 4081) filed by Ford Motor Company Filing fee $ 400, receipt number 0752-11983816. (Krivicich, John) [Transferred from Illinois Northern on 8/25/2016.] |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Michael T. Mason. (lcw, ) [Transferred from Illinois Northern on 8/25/2016.] |
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