Indiana GRQ, LLC v. American Guarantee and Liability Insurance Company et al
| Indiana GRQ, LLC |
| Ironshore Specialty Insurance Company, General Security Indemnity Company of Arizona, Interstate Fire & Casualty Company, Chubb Custom Insurance Company, American Guarantee and Liability Insurance Company, Starr Surplus Lines Insurance Company and Axis Surplus Insurance Company |
| William A Baten |
| 3:2021cv00227 |
| March 31, 2021 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| Michael G Gotsch |
| Damon R Leichty |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 50
SCHEDULING ORDER: The Court now ADOPTS the parties discovery plan as outlined below and establishes the following deadlines: The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) by 6/2/2021. The last date to amend the pleadings without leave of court as to plaintiff is 6/30/2021; as to defendants is 7/31/2021. Thereafter, any amendments to the pleadings must be by motion and leave of court. The serving of reports from retained experts under Rule 26(a)(2) are due from plaintiff by 1/31/2022; and from defendants by 3/15/2022. Supplementation under Rule 26(e) due every six weeks until trial. The last date for the completion of all discovery is 5/3/2022. The last date to file any discovery-related nondispositive motion shall be 30 days prior to the discovery deadline. The deadline to file any dispositive motions is 6/2/2022 with any response due 28 days thereafter and any reply due 14 days after the filing of a response, consistent with Local Rule 56-1(b) & (c). The parties have agreed upon William A. Baten, Esq. as mediator. The deadline for the parties to engage in mediation is 5/27/2022. The Court hereby VACATES the Preliminary Pretrial Conference for 6/10/2021 at 10:45 AM. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/21/2021. (bas)
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Filing 49
ORDER granting #47 Application to Appear Pro Hac Vice of Attorney David E. Heiss for American Guarantee and Liability Insurance Company, Interstate Fire & Casualty Company, Starr Surplus Lines Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Axis Surplus Insurance Company, and Ironshore Specialty Insurance Company. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/13/2021. (ace)
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Filing 48
NOTICE of Appearance by Peter E Kanaris on behalf of All Defendants (Kanaris, Peter)
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Filing 47
Application for Attorney David Edward Heiss to Appear Pro Hac Vice on behalf of American Guarantee and Liability Insurance Company. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4571278(Heiss PHV, David) (Main Document 47 replaced on 5/13/2021 to include current court status information and Bar ID) (ace). Modified on 5/13/2021 (ace).
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Filing 46
Application for Attorney Peter Emanuel Kanaris to Appear Pro Hac Vice on behalf of American Guarantee and Liability Insurance Company.(Kanaris, Peter) ***FILING ERROR; ATTORNEY ALREADY FULLY ADMITTED; PAYMENT REFUNDED*** Modified on 5/12/2021 (ace).
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Filing 45
ORDER granting #42 Application to Appear Pro Hac Vice of Attorney William T O'Neil PHV for Indiana GRQ, LLC. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/11/2021. (ace)
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Filing 44
ORDER granting #43 Application to Appear Pro Hac Vice of Attorney Mark E Miller PHV for Indiana GRQ, LLC. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/11/2021. (ace)
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Filing 43
Application for Attorney Mark E. Miller to Appear Pro Hac Vice on behalf of Indiana GRQ, LLC. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4568448(Pro Hac Vice Temporary login, )
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Filing 42
Application for Attorney William T. O'Neil to Appear Pro Hac Vice on behalf of Indiana GRQ, LLC. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4568411(Pro Hac Vice Temporary login, )
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Filing 41
REPORT by Indiana GRQ, LLC . (Zalas, Clint)
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Filing 40
MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. (slm)
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Filing 39
ORDER, Joint Proposed Discovery due by 5/27/2021. Rule 16 Preliminary Pretrial Conference set for 6/10/2021 10:45 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr.. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/7/21. (slm) Modified on 5/7/2021 (slm).
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Filing 38
NOTICE of Appearance by Jennifer J Kalas on behalf of All Defendants (Kalas, Jennifer)
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Filing 37
NOTICE of Appearance by Clint A Zalas on behalf of Indiana GRQ, LLC (Zalas, Clint)
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Filing 36
NOTICE by Indiana GRQ, LLC (Zalas, Clint)
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Filing 35
ORDER The court ORDERS the parties to file a joint statement identifying the citizenship of all parties, including the citizenship of Indiana GRQ's members, by April 15, 2021, else the case may be dismissed without further notice. Signed by Judge Damon R Leichty on 4/1/21. cc: pltf's cnsl (kjp)
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Filing 33
Case transferred in from District of Ohio Northern; Case Number 5:20-cv-01812. Original file and docket sheet received.
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Filing 32
Order of Transfer: For the reasons set forth in the contemporaneously filed Memorandum Opinion, this case is transferred to the United States District Court for the Northern District of Indiana. The case is closed in this district. Judge Sara Lioi on 3/29/2021. (E,CK) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 31
Memorandum Opinion and Order: For the reasons set forth herein, the defendants' motion to transfer this case to the United States District Court for the Northern District of Indiana (Doc. No. #15 ) is granted. Judge Sara Lioi on 3/29/2021. (E,CK) [Transferred from Ohio Northern on 3/31/2021.]
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Order [non-document] granting plaintiff's Motion for appearance pro hac vice by attorney William T. O'Neil for Indiana GRQ, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #30 ) Judge Sara Lioi on 10/22/2020. (E,CK) [Transferred from Ohio Northern on 3/31/2021.]
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Order [non-document] granting plaintiff's Motion for appearance pro hac vice by attorney Mark E. Miller for Indiana GRQ, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #29 ) Judge Sara Lioi on 10/22/2020. (E,CK) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 30
Motion for attorney William T. ONeil to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10357707, filed by Plaintiff Indiana GRQ, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Spencer Johnson, Jodi) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 29
Motion for attorney Mark E. Miller to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10357673, filed by Plaintiff Indiana GRQ, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Spencer Johnson, Jodi) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 28
Reply Memorandum in support of #15 Motion to change/transfer venue to the U.S. District Court for the Northern District of Indiana filed by All Defendants. (Heiss, David) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 27
Corporate Disclosure Statement filed by Indiana GRQ, LLC. (Spencer Johnson, Jodi) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 26
Opposition to #15 Motion to change/transfer venue to the U.S. District Court for the Northern District of Indiana filed by Indiana GRQ, LLC. (Attachments: #1 Declaration of Mark Miley)(Spencer Johnson, Jodi) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 25
Answer to Complaint (Related Doc #1 ) filed by Interstate Fire & Casualty Company. (Heiss, David) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 24
Answer to Complaint (Related Doc #1 ) filed by Starr Surplus Lines Insurance Company. (Heiss, David) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 23
Answer to Complaint (Related Doc #1 ) filed by General Security Indemnity Company of Arizona. (Heiss, David) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 22
Answer to Complaint (Related Doc #1 ) filed by Ironshore Specialty Insurance Company. (Heiss, David) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 21
Answer to Complaint (Related Doc #1 ) filed by AXIS Surplus Insurance Company. (Heiss, David) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 20
Answer to Complaint (Related Doc #1 ) filed by Chubb Custom Insurance Company. (Heiss, David) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 19
Answer to Complaint (Related Doc #1 ) filed by American Guarantee and Liability Insurance Company. (Heiss, David) [Transferred from Ohio Northern on 3/31/2021.]
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Order [non-document] granting plaintiff's Motion for order (Related Doc #18 ); responses to #15 defendant insurers' motion to transfer are due 10/5/2020 and replies are due 10/19/2020. Judge Sara Lioi on 9/16/2020. (D,S) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 18
Motion for Order confirming that responsive briefing related to the Motion to Transfer is to be filed in accordance with the deadline established in the Court's Initial Standing Order filed by Plaintiff Indiana GRQ, LLC. (Spencer Johnson, Jodi) [Transferred from Ohio Northern on 3/31/2021.]
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Order [non-document] granting defendants' Motion for leave to plead (Related Doc #17 ); defendants shall move or otherwise plead in response to the complaint by 10/1/2020. Judge Sara Lioi on 9/8/2020. (D,S) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 17
Motion for leave to Plead to Plaintiff's Complaint Until October 1, 2020 filed by AXIS Surplus Insurance Company, American Guarantee and Liability Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Interstate Fire & Casualty Company, Ironshore Specialty Insurance Company, Starr Surplus Lines Insurance Company. (Related document #1 ) (Jamison, Andrew) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 16
Brief Memo in Support of Motion to Transfer filed by All Defendants. Related document(s) #15 . (Attachments: #1 Exhibit A - ROR letter dated 8-15-2016, #2 Exhibit B - Thoman letter dated 10-12-2019, #3 Exhibit C - McLarens letter dated 11-9-2018, #4 Exhibit D - Thoman letter dated 8-23-2019, #5 Exhibit E - Hull Estimate dated 6-25-2019, #6 Exhibit F - B&M proposal, #7 Exhibit G - Peter Yanson email dated 12-28-2019, #8 Exhibit H - KCOM ROM, #9 Exhibit I - R.A. West report dated 11-9-2018, #10 Exhibit J - IDEM emails, #11 Exhibit K - RFI responses, #12 Exhibit L - AGLIC policy, #13 Exhibit M - Statistics) (Jamison, Andrew) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 15
Motion to change/transfer venue to the U.S. District Court for the Northern District of Indiana filed by AXIS Surplus Insurance Company, American Guarantee and Liability Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Interstate Fire & Casualty Company, Ironshore Specialty Insurance Company, Starr Surplus Lines Insurance Company. (Jamison, Andrew) [Transferred from Ohio Northern on 3/31/2021.]
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Order [non-document] granting defendants' Motion for appearance pro hac vice by attorney Peter E. Kanaris for AXIS Surplus Insurance Company, American Guarantee and Liability Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Interstate Fire & Casualty Company, Ironshore Specialty Insurance Company, and Starr Surplus Lines Insurance Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #6 ). Judge Sara Lioi on 9/3/2020. (E,CK) [Transferred from Ohio Northern on 3/31/2021.]
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Order [non-document] granting defendants' Motion for appearance pro hac vice by attorney David E. Heiss for AXIS Surplus Insurance Company, American Guarantee and Liability Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Interstate Fire & Casualty Company, Ironshore Specialty Insurance Company, and Starr Surplus Lines Insurance Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #5 ). Judge Sara Lioi on 9/2/2020. (E,CK) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 14
Corporate Disclosure Statement identifying Corporate Parent Executive Risk Indemnity Inc., Other Affiliate Chubb Limited, Other Affiliate Chubb INA Holdings, Inc., Other Affiliate Chubb Group Holdings, Inc. for Chubb Custom Insurance Company filed by Chubb Custom Insurance Company. (Jamison, Andrew) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 13
Corporate Disclosure Statement identifying Corporate Parent Zurich Holding Company of America, Inc., Corporate Parent Zurich Insurance Company Ltd., Corporate Parent Zurich Insurance Group Ltd, Corporate Parent Zurich American Insurance Company for American Guarantee and Liability Insurance Company filed by American Guarantee and Liability Insurance Company. (Jamison, Andrew) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 12
Corporate Disclosure Statement identifying Corporate Parent Starr Indemnity & Liability Company; USI Insurance Services, Corporate Parent Starr Global Financial, Inc., Corporate Parent Starr Insurance Holdings, Inc., Corporate Parent Starr Global Holdings AG, Corporate Parent Starr International Company, Inc. for Starr Surplus Lines Insurance Company filed by Starr Surplus Lines Insurance Company. (Jamison, Andrew) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 11
Corporate Disclosure Statement identifying Corporate Parent Ironshore Holdings (US) Inc., Other Affiliate Liberty Mutual Holding Company Inc., Other Affiliate Liberty Mutual Insurance Company, Other Affiliate LMHC Massachusetts Holdings Inc., Other Affiliate Liberty Mutual Group Inc. for Ironshore Specialty Insurance Company filed by Ironshore Specialty Insurance Company. (Jamison, Andrew) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 10
Corporate Disclosure Statement identifying Corporate Parent SCOR U.S. Corporation, Corporate Parent SCOR S.E. for General Security Indemnity Company of Arizona filed by General Security Indemnity Company of Arizona. (Jamison, Andrew) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 9
Corporate Disclosure Statement identifying Corporate Parent Federal Insurance Company, Corporate Parent Chubb Limited, Corporate Parent Chubb INA Holdings, Inc., Corporate Parent Chubb Group Holdings, Inc. for Chubb Custom Insurance Company filed by Chubb Custom Insurance Company. (Jamison, Andrew) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 8
Corporate Disclosure Statement identifying Corporate Parent Axis Insurance Company, Corporate Parent Axis Capital Holdings Limited, Corporate Parent AXIS Specialty U.S. Holdings, Inc., Corporate Parent AXIS Specialty Global Holdings Limited for AXIS Surplus Insurance Company filed by AXIS Surplus Insurance Company. (Jamison, Andrew) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 7
Corporate Disclosure Statement identifying Corporate Parent Fireman's Fund Insurance Company, Corporate Parent Allianz Global Risks US Insurance Company, Other Affiliate Allianz of America, Inc., Other Affiliate Allianz SE, Other Affiliate AGCS International Holding B.V., Other Affiliate AGR US for Interstate Fire & Casualty Company filed by Interstate Fire & Casualty Company. (Jamison, Andrew) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 6
Motion for attorney Peter E. Kanaris to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10211783, filed by AXIS Surplus Insurance Company, American Guarantee and Liability Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Interstate Fire & Casualty Company, Ironshore Specialty Insurance Company, Starr Surplus Lines Insurance Company. (Attachments: #1Exhibit A - Affidavit of Peter E. Kanaris)(Jamison, Andrew) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 5
Motion for attorney David E. Heiss to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10211766, filed by AXIS Surplus Insurance Company, American Guarantee and Liability Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Interstate Fire & Casualty Company, Ironshore Specialty Insurance Company, Starr Surplus Lines Insurance Company. (Attachments: #1Exhibit A - Affidavit of David E. Heiss)(Jamison, Andrew)[Transferred from Ohio Northern on 3/31/2021.]
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Notice by Clerk that American Guarantee and Liability Insurance Company, Interstate Fire & Casualty Company, Starr Surplus Lines Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Axis Surplus Insurance Company and Ironshore Specialty Insurance Company failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (O,K) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 4
Initial Standing Order. Judge Sara Lioi on 08/14/2020. (Attachments: #1 Appendix A - Witness List, #2 Appendix B - Exhibit List) (M,TL) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 3
Magistrate Consent Form issued. (M,TL) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 2
Civil Cover Sheet filed by All Defendants. Related document(s) #1 .(Jamison, Andrew) [Transferred from Ohio Northern on 3/31/2021.]
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Filing 1
Notice of Removal from Summit County Common Pleas, case number CV-2020-06-1773 Filing fee paid $ 400, receipt number AOHNDC-10185909. Filed by American Guarantee and Liability Insurance Company, Interstate Fire & Casualty Company, Starr Surplus Lines Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Axis Surplus Insurance Company and Ironshore Specialty Insurance Company. (Attachments: #1 Exhibit Complaint) (Jamison, Andrew) [Transferred from Ohio Northern on 3/31/2021.]
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (M,TL) [Transferred from Ohio Northern on 3/31/2021.]
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Judge Sara Lioi assigned to case. (M,TL) [Transferred from Ohio Northern on 3/31/2021.]
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