Harris et al v. Liberty Mutual Insurance Company et al
Plaintiff: Tommy Harris, Durham Enterprises, Inc., Don Durham and Durham Enterprises, Inc. doing business as City Wide Maintenance of St. Louis
Defendant: Liberty Mutual Insurance Company and Ohio Security Insurance Company
Case Number: 3:2021cv01389
Filed: November 8, 2021
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. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 22, 2021 Filing 36 NOTICE of HEARING: A Status Conference is scheduled for 1/18/2022 at 11:00 AM via Telephone Conference before Judge J. Phil Gilbert. Parties are directed to call into (618) 439-7733 to join the call. (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 15, 2021 Filing 35 CJRA TRACK B assigned: The Final Pretrial Conference is scheduled for 1/11/2023 at 9:00 AM with a Bench Trial date of 1/30/2023 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Parties are to submit a Joint Report regarding Proposed Scheduling and Discovery Order within 28 days of the entry of this filing. Scheduling/Discovery and Settlement Conferences will NOT be set for hearing unless requested by the parties or deemed necessary by the Court. Joint Proposed Discovery due by 1/12/2022. (tag)
December 8, 2021 Opinion or Order Filing 34 ORDER granting #32 Motion to Withdraw DOUGLAS S. BECK as counsel in this case. Signed by Judge J. Phil Gilbert on 12/8/2021. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 15, 2021 Filing 33 MOTION to Consolidate Cases UNOPPOSED MOTION TO CONSOLIDATE by Liberty Mutual Insurance Company, Ohio Security Insurance Company. (Sitzer, Matthew)
November 11, 2021 Filing 32 MOTION to Withdraw APPEARANCE OF DOUGLAS S. BECK PURSUANT TO LOCAL RULE 83.1(g) by Liberty Mutual Insurance Company, Ohio Security Insurance Company. (Sitzer, Matthew)
November 11, 2021 Filing 31 NOTICE of Appearance by Matthew O. Sitzer on behalf of Liberty Mutual Insurance Company, Ohio Security Insurance Company (Sitzer, Matthew)
November 11, 2021 Filing 30 NOTICE of Appearance by Matthew C. Wolfe on behalf of Liberty Mutual Insurance Company, Ohio Security Insurance Company (Wolfe, Matthew)
November 11, 2021 Filing 29 NOTICE of Appearance by Peter Francis O'Neill on behalf of Liberty Mutual Insurance Company, Ohio Security Insurance Company (O'Neill, Peter)
November 8, 2021 Filing 28 Letter to Attorney Beck regarding admission. (kek)
November 8, 2021 Filing 27 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 21-cv-1389-JPG. (kek)
November 8, 2021 Filing 26 Case transferred in from District of Missouri Eastern; Case Number 4:21-cv-01001. Original file certified copy of transfer order and docket sheet received.
October 19, 2021 Opinion or Order Filing 25 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Garnishees' motion to transfer is GRANTED. ECF No. #7 . IT IS FURTHER ORDERED that this action shall be transferred to the United States District Court for the Southern District of Illinois. (Case to be transferred after 11/2/2021.) Signed by District Judge Audrey G. Fleissig on 10/19/2021. (AFO) [Transferred from Missouri Eastern on 11/8/2021.]
October 4, 2021 Filing 24 Electronic Notice - Application for Admission needed as to Samantha S. Unsell. Review of case shows that Attorney Samantha S. Unsell is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (KJS) [Transferred from Missouri Eastern on 11/8/2021.]
September 1, 2021 Opinion or Order Filing 23 ORDER TO SHOW CAUSE - IT IS HEREBY ORDERED that the Court shall realign Defendants Durham Enterprises, Inc. and Don Durham as Plaintiffs. IT IS FURTHER ORDERED that Plaintiffs Tommy Harris and Durham Enterprises, Inc. and Don Durham shall have until September 7, 2021 to show cause why the Motion to Transfer should not be granted. If no response is filed, the Court will take the matter under submission. IT IS FURTHER ORDERED that the Garnishees Motion for Extension of Time to File Answer is GRANTED. (ECF No. #9 ).( Show Cause Response due by 9/7/2021.) (Durham Enterprises, Inc. and Don Durham plaintiffs added. Don Durham and Durham Enterprises, Inc. defendants terminated.). Signed by District Judge Audrey G. Fleissig on 9/1/21. (KJS)[Transferred from Missouri Eastern on 11/8/2021.]
September 1, 2021 Filing 22 Electronic Notice - Application for Admission needed as to Samantha S. Unsell. Review of case shows that Attorney Samantha S. Unsell is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (KJS) [Transferred from Missouri Eastern on 11/8/2021.]
August 30, 2021 Filing 21 Response to #7 MOTION to Transfer Case Ohio Security Insurance Company and Liberty Mutual Insurance Company's Motion to Transfer Venue to Southern District of Illinois filed by Garnishees Liberty Mutual Insurance Company, Ohio Security Insurance Company. (Attachments: #1 Exhibit A - counsel email)(O'Neill, Peter) [Transferred from Missouri Eastern on 11/8/2021.]
August 27, 2021 Filing 20 ENTRY of Appearance by Ted F. Frapolli for Defendants Don Durham, Durham Enterprises, Inc.. (Frapolli, Ted) [Transferred from Missouri Eastern on 11/8/2021.]
August 19, 2021 Filing 19 ENTRY of Appearance by Peter Francis O'Neill for Garnishees Liberty Mutual Insurance Company, Ohio Security Insurance Company. (O'Neill, Peter) [Transferred from Missouri Eastern on 11/8/2021.]
August 19, 2021 Opinion or Order Filing 18 Docket Text ORDER: Re: #13 MOTION for Leave to Appear Pro Hac Vice Peter F. O'Neill. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8809141) by Garnishees Liberty Mutual Insurance Company, Ohio Security Insurance Company. (Attachments: # 1 Certificate of Good Standing)(O'Neill, Peter) filed by Liberty Mutual Insurance Company, Ohio Security Insurance Company ; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on 8/19/2021. (JMP) [Transferred from Missouri Eastern on 11/8/2021.]
August 13, 2021 Filing 17 ENTRY of Appearance by Matthew C. Wolfe for Garnishees Liberty Mutual Insurance Company, Ohio Security Insurance Company. (Wolfe, Matthew) [Transferred from Missouri Eastern on 11/8/2021.]
August 13, 2021 Filing 16 ENTRY of Appearance by Matthew O. Sitzer for Garnishees Liberty Mutual Insurance Company, Ohio Security Insurance Company. (Sitzer, Matthew) [Transferred from Missouri Eastern on 11/8/2021.]
August 12, 2021 Opinion or Order Filing 15 Docket Text ORDER: Re: #12 MOTION for Leave to Appear Pro Hac Vice Matthew C. Wolfe. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8808301) by Garnishees Liberty Mutual Insurance Company, Ohio Security Insurance Company. (Attachments: # 1 Certificate of Good Standing)(Wolfe, Matthew) filed by Liberty Mutual Insurance Company, Ohio Security Insurance Company ; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on 8/12/2021. (JMP) [Transferred from Missouri Eastern on 11/8/2021.]
August 12, 2021 Opinion or Order Filing 14 Docket Text ORDER: Re: #11 MOTION for Leave to Appear Pro Hac Vice Matthew O. Sitzer. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8808276) by Garnishees Liberty Mutual Insurance Company, Ohio Security Insurance Company. (Attachments: # 1 Certificate of Good Standing)(Sitzer, Matthew) filed by Liberty Mutual Insurance Company, Ohio Security Insurance Company ; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on 8/12/2021. (JMP) [Transferred from Missouri Eastern on 11/8/2021.]
August 12, 2021 Filing 13 MOTION for Leave to Appear Pro Hac Vice Peter F. O'Neill. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8809141) by Garnishees Liberty Mutual Insurance Company, Ohio Security Insurance Company. (Attachments: #1 Certificate of Good Standing)(O'Neill, Peter) [Transferred from Missouri Eastern on 11/8/2021.]
August 12, 2021 Filing 12 MOTION for Leave to Appear Pro Hac Vice Matthew C. Wolfe. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8808301) by Garnishees Liberty Mutual Insurance Company, Ohio Security Insurance Company. (Attachments: #1 Certificate of Good Standing)(Wolfe, Matthew) [Transferred from Missouri Eastern on 11/8/2021.]
August 12, 2021 Filing 11 MOTION for Leave to Appear Pro Hac Vice Matthew O. Sitzer. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8808276) by Garnishees Liberty Mutual Insurance Company, Ohio Security Insurance Company. (Attachments: #1 Certificate of Good Standing)(Sitzer, Matthew) [Transferred from Missouri Eastern on 11/8/2021.]
August 12, 2021 Filing 10 NOTICE OF FILING NOTICE OF REMOVAL filed by Garnishees Liberty Mutual Insurance Company, Ohio Security Insurance Company Sent To: State Court - Executed (Beck, Douglas) [Transferred from Missouri Eastern on 11/8/2021.]
August 11, 2021 Filing 9 MOTION for Extension of Time to File Answer Ohio Security Insurance Company and Liberty Mutual Insurance Company's Motion for Extension of Responsive Pleading Deadline by Garnishees Liberty Mutual Insurance Company, Ohio Security Insurance Company. (Beck, Douglas) [Transferred from Missouri Eastern on 11/8/2021.]
August 11, 2021 Filing 8 MEMORANDUM in Support of Motion re #7 MOTION to Transfer Case Ohio Security Insurance Company and Liberty Mutual Insurance Company's Motion to Transfer Venue to Southern District of Illinois filed by Garnishees Liberty Mutual Insurance Company, Ohio Security Insurance Company. (Attachments: #1 Exhibit A - Dec 2019 St. Clair Complaint, #2 Exhibit B - Jan 2020 Notice of Removal, #3 Exhibit C - St. Louis Petition, #4 Exhibit D - 6/15/20 Opinion, #5 Exhibit E - 7/30/19 Transcript, #6 Exhibit F - SDIL Docket Sheet, #7 Exhibit G - 10/26/20 Opinion, #8 Exhibit H - 7/29/20 Complaint, #9 Exhibit I - Durham Answer)(Beck, Douglas) [Transferred from Missouri Eastern on 11/8/2021.]
August 11, 2021 Filing 7 MOTION to Transfer Case Ohio Security Insurance Company and Liberty Mutual Insurance Company's Motion to Transfer Venue to Southern District of Illinois by Garnishees Liberty Mutual Insurance Company, Ohio Security Insurance Company. (Beck, Douglas) [Transferred from Missouri Eastern on 11/8/2021.]
August 11, 2021 Filing 6 Electronic Notice - Application for Admission needed as to Samantha S. Unsell. Review of case shows that Attorney Samantha S. Unsell is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (JWD) [Transferred from Missouri Eastern on 11/8/2021.]
August 11, 2021 Filing 5 Petition (Removal/Transfer) Received From: Circuit Court of the City of St. Louis, filed by Tommy Harris. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(JWD) [Transferred from Missouri Eastern on 11/8/2021.]
August 11, 2021 Filing 4 NOTICE OF FILING NOTICE OF REMOVAL filed by Garnishees Liberty Mutual Insurance Company, Ohio Security Insurance Company Sent To: Plaintiff (Attachments: #1 Exhibit 1 - Notice of Removal and Exhibits)(Beck, Douglas) [Transferred from Missouri Eastern on 11/8/2021.]
August 11, 2021 Filing 3 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Garnishee Ohio Security Insurance Company. Parent companies: The Ohio Casualty Insurance Company, Subsidiaries: None, Publicly held company: None,. (Beck, Douglas) [Transferred from Missouri Eastern on 11/8/2021.]
August 11, 2021 Filing 2 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Garnishee Liberty Mutual Insurance Company. Parent companies: Liberty Mutual Group Inc., Subsidiaries: None, Publicly held company: None,. (Beck, Douglas) [Transferred from Missouri Eastern on 11/8/2021.]
August 11, 2021 Filing 1 NOTICE OF REMOVAL from Circuit Court of City of St. Louis, case number 2122-CC08800, with receipt number AMOEDC-8806185, in the amount of $402 Non-Jury Demand,, filed by Liberty Mutual Insurance Company, Ohio Security Insurance Company. (Attachments: #1 Exhibit A - State court pleadings and docket sheet, #2 Exhibit B - 6/15/20 Memorandum and Order, #3 Exhibit C - St. Clair County IL Complaint, #4 Exhibit D - Durham Enterprises SOS report, #5 Exhibit E - Service of process information, #6 Civil Cover Sheet, #7 Original Filing Form)(Beck, Douglas) [Transferred from Missouri Eastern on 11/8/2021.]
August 11, 2021 Case Opening Notification: All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: Honorable Audrey G. Fleissig. (JWD) [Transferred from Missouri Eastern on 11/8/2021.]

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Search for this case: Harris et al v. Liberty Mutual Insurance Company et al
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Plaintiff: Tommy Harris
Represented By: Samantha S. Unsell
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Plaintiff: Durham Enterprises, Inc.
Represented By: Ted F. Frapolli
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Plaintiff: Don Durham
Represented By: Ted F. Frapolli
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Plaintiff: Durham Enterprises, Inc. doing business as City Wide Maintenance of St. Louis
Represented By: Ted F. Frapolli
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Defendant: Liberty Mutual Insurance Company
Represented By: Douglas S. Beck
Represented By: Matthew O. Sitzer
Represented By: Matthew C. Wolfe
Represented By: Peter Francis O'Neill
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Defendant: Ohio Security Insurance Company
Represented By: Douglas S. Beck
Represented By: Matthew O. Sitzer
Represented By: Matthew C. Wolfe
Represented By: Peter Francis O'Neill
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