Harris v. Durham Enterprises, Inc. et al
Plaintiff: Tommy Harris
Defendant: Ohio Security Insurance Company, Don Durham, Liberty Mutual Insurance and Durham Enterprises, Inc.
Case Number: 3:2020cv00072
Filed: January 16, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: J Phil Gilbert
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 28, 2020 Filing 26 NOTICE RESCHEDULING MOTION HEARING REGARDING #9 MOTION to Dismiss, #13 MOTION to Remand AND #14 MOTION for Extension of Time. The Motion Hearing is Rescheduled for 4/1/2020 at 11:00 AM in Benton Courthouse before Judge J. Phil Gilbert. PARTIES ARE TO APPEAR IN PERSON. This matter is STRICKEN from the April 8, 2020 docket.(tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 28, 2020 Opinion or Order Filing 25 ORDER GRANTING #22 MOTION to Continue Hearing Scheduled for March 4, 2020. The Motion Hearing Regarding #9 MOTION to Dismiss, #13 MOTION to Remand AND #14 MOTION for Extension of Time to File is set for 4/8/2020 at 11:00 AM in Benton Courthouse before Judge J. Phil Gilbert. PARTIES ARE TO APPEAR IN PERSON. Signed by Judge J. Phil Gilbert on 2/28/2020. (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 27, 2020 Filing 24 RESPONSE in Opposition re #13 MOTION to Remand OHIO SECURITY INSURANCE COMPANY'S OPPOSITION TO PLAINTIFF'S MOTION TO REMAND filed by Ohio Security. (Attachments: #1 Exhibit A through F, #2 Exhibit G through L)(Wolfe, Matthew)
February 26, 2020 Filing 23 MOTION to Remand by Don Durham, Durham Enterprises, Inc.. Responses due by 3/30/2020 (Frapolli, Ted)
February 25, 2020 Filing 22 Consent MOTION to Continue Hearing Scheduled for March 4, 2020 by Don Durham, Durham Enterprises, Inc.. (Frapolli, Ted)
February 21, 2020 Filing 21 NOTICE of HEARING Regarding #9 MOTION to Dismiss, #13 MOTION to Remand AND #14 MOTION for Extension of Time to File Response/Reply. The Motion Hearing is set for 3/4/2020 at 11:00 AM in Benton Courthouse before Judge J. Phil Gilbert. PARTIES ARE TO APPEAR IN PERSON (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 19, 2020 Filing 20 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #19 Notice of Appearance filed by Don Durham, Durham Enterprises, Inc. as duplicative. Previously filed at Document 18.(lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 18, 2020 Filing 19 ENTRY STRICKEN: NOTICE of Appearance by Ted F. Frapolli on behalf of Don Durham, Durham Enterprises, Inc. (Frapolli, Ted) Modified on 2/19/2020 (lmb).
February 11, 2020 Filing 18 NOTICE of Appearance by Ted F. Frapolli on behalf of Don Durham, Durham Enterprises, Inc. (Frapolli, Ted)
February 7, 2020 Filing 17 NOTICE of Appearance by Peter Frances O'Neill on behalf of Liberty Mutual Insurance, Ohio Security (O'Neill, Peter)
February 5, 2020 Filing 16 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge J. Phil Gilbert for further proceedings. Magistrate Judge Gilbert C. Sison no longer assigned to the case. All future documents must bear case number 20-72-JPG. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 4, 2020 Filing 15 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Wolfe, Matthew)
January 28, 2020 Filing 14 MOTION for Extension of Time to File Response/Reply as to #8 Answer to Complaint,, Crossclaim,, Counterclaim, #9 MOTION to Dismiss by Tommy Harris. (Unsell, Samantha)
January 28, 2020 Filing 13 MOTION to Remand by All Plaintiffs. Responses due by 3/2/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Unsell, Samantha)
January 28, 2020 Filing 12 NOTICE of Appearance by Samantha S. Unsell on behalf of All Plaintiffs (Unsell, Samantha)
January 24, 2020 Filing 11 NOTICE FROM CLERK Instructing Matthew Sitzer or Matthew Wolfe to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Matthew Sitzer and Matthew Wolfe on 1/24/2020. Consent due by 2/14/2020 (lmb)
January 23, 2020 Filing 10 NOTICE of Appearance by Matthew C. Wolfe on behalf of Liberty Mutual Insurance (Wolfe, Matthew)
January 23, 2020 Filing 9 MOTION to Dismiss by Liberty Mutual Insurance. Responses due by 2/27/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Sitzer, Matthew)
January 23, 2020 Filing 8 OHIO SECURITY INSURANCE COMPANY'S ANSWER to Complaint AFFIRMATIVE DEFENSES, CROSSCLAIM against Don Durham, Durham Enterprises, Inc., COUNTERCLAIM against Tommy Harris by Ohio Security. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Sitzer, Matthew)
January 23, 2020 Filing 7 NOTICE of Appearance by Matthew O. Sitzer on behalf of Liberty Mutual Insurance (Sitzer, Matthew)
January 17, 2020 Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Unsell, Samantha)
January 17, 2020 Filing 5 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Gilbert C. Sison pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Tommy Harris, Ohio Security. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 20-72-GCS. Consent due by 2/7/2020 (lmb)
January 16, 2020 Filing 4 NOTICE of Appearance by Matthew C. Wolfe on behalf of Ohio Security Insurance Company (Wolfe, Matthew)
January 16, 2020 Filing 3 Corporate Disclosure Statement by Ohio Security Insurance Company identifying Corporate Parent Liberty Mutual Holding Company Inc., Other Affiliate The Ohio Casualty Insurance Company, Other Affiliate Ohio Casualty Corporation for Ohio Security Insurance Company. (Sitzer, Matthew)
January 16, 2020 Filing 2 NOTICE of Appearance by Matthew O. Sitzer on behalf of Ohio Security Insurance Company (Sitzer, Matthew)
January 16, 2020 Filing 1 NOTICE OF REMOVAL from Circuit Court for the Twentieth Judicial Circuit, St. Clair County, Illinois, case number 19-L-234 ( Filing fee $ 400 receipt number 0754-4089652), filed by Ohio Security Insurance Company. (Attachments: #1 Exhibit A through I, #2 Exhibit J, #3 Civil Cover Sheet Civil Cover Sheet)(Sitzer, Matthew)

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Plaintiff: Tommy Harris
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Defendant: Ohio Security Insurance Company
Represented By: Matthew O. Sitzer
Represented By: Matthew C. Wolfe
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Defendant: Don Durham
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Defendant: Liberty Mutual Insurance
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