Harris et al v. Liberty Mutual Insurance Company et al
| Tommy Harris, Durham Enterprises, Inc., Don Durham and Durham Enterprises, Inc. doing business as City Wide Maintenance of St. Louis |
| Liberty Mutual Insurance Company and Ohio Security Insurance Company |
| 3:2021cv01389 |
| November 8, 2021 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on May 3, 2022. A more recent docket listing may be available from PACER.
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| Filing 44 CLERK'S JUDGMENT. Approved by Judge J. Phil Gilbert on 5/3/2022. (jdh) |
| Filing 43 Minute Entry for proceedings held before Judge J. Phil Gilbert: Motion Hearing held on 3/15/2022. The Court hereby Grants Defendants #33 Unopposed Motion to Consolidate Cases. CONSOLIDATES Harris et al., v. Liberty Mutual Insurance Company et al., No. 21-cv-1389-JPG into Harris v. Durham Enterprises, Inc. et al., No. 20-cv-72-JPG. It is further ORDERED that all future filings shall be filed in the lead case only; Harris v. Durham Enterprises, Inc. et al., No. 20-cv-72-JPG. (Court Reporter Amy Richardson.) (tag) |
| Filing 42 NOTICE of HEARING: A Status Conference is scheduled for 3/15/2022 at 9:00 AM via video before Judge J. Phil Gilbert. Information regarding the video conference will be sent by email to all parties.(tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 41
SCHEDULING AND DISCOVERY ORDER: The Joint Report of Parties is approved and entered. Discovery due by 8/24/2022. Dispositive Motions due by 9/23/2022. 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. Signed by Judge J. Phil Gilbert on 2/4/2022. (Attachments: #1 Joint Report)(tag)
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| Filing 40 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #39 Status Report filed by Liberty Mutual Insurance Company, Ohio Security Insurance Company. Document stricken as ordered by the Court. 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. (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 39 STRICKEN STATUS REPORT JOINT REPORT OF PARTIES AND PROPOSED SCHEDULING AND DISCOVERY ORDER by Liberty Mutual Insurance Company, Ohio Security Insurance Company. (Sitzer, Matthew) Modified on 1/25/2022 (tba). |
| Filing 38 Minute Entry for proceedings held before Judge J. Phil Gilbert: Telephone Status Conference held on 1/13/2022. Attorney's Samantha S. Unsell and Ted F. Frapolli appearing on behalf of Plaintiffs. Attorney Matthew C. Wolfe appearing on behalf of Defendants. Parties are to submit a Joint Report regarding Proposed Scheduling and Discovery Order by 1/24/2022. (Court Reporter Amy Richardson.) (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 37 NOTICE RESCHEDULING HEARING: Due to a scheduling conflict, the Status Conference is rescheduled for 1/13/2022 at 9:00 AM via Telephone Conference before Judge J. Phil Gilbert. Parties are directed to call into (618) 439-7733 to join the call. This matter is STRICKEN from the January 18, 2022 docket.(tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| 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. |
| 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) |
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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.
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| Filing 33 MOTION to Consolidate Cases UNOPPOSED MOTION TO CONSOLIDATE by Liberty Mutual Insurance Company, Ohio Security Insurance Company. (Sitzer, Matthew) |
| 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) |
| Filing 31 NOTICE of Appearance by Matthew O. Sitzer on behalf of Liberty Mutual Insurance Company, Ohio Security Insurance Company (Sitzer, Matthew) |
| Filing 30 NOTICE of Appearance by Matthew C. Wolfe on behalf of Liberty Mutual Insurance Company, Ohio Security Insurance Company (Wolfe, Matthew) |
| Filing 29 NOTICE of Appearance by Peter Francis O'Neill on behalf of Liberty Mutual Insurance Company, Ohio Security Insurance Company (O'Neill, Peter) |
| Filing 28 Letter to Attorney Beck regarding admission. (kek) |
| Filing 27 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 21-cv-1389-JPG. (kek) |
| 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. |
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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.]
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| 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.] |
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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.]
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| 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.] |
| 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.] |
| 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.] |
| 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.] |
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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.]
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| 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.] |
| 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.] |
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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.]
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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.]
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| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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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