ULTRA STEAK, INC. v. PHILADELPHIA INDEMNITY INSURANCE COMPANY
Plaintiff: ULTRA STEAK, INC.
Defendant: PHILADELPHIA INDEMNITY INSURANCE COMPANY
Case Number: 1:2014cv01829
Filed: November 7, 2014
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Debra McVicker Lynch
Referring Judge: Tanya Walton Pratt
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 3, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 3, 2017 Opinion or Order Filing 64 CLOSED DISMISSED - ORDER OF DISMISSAL WITH PREJUDICE. The Court, having considered the Joint Stipulation of Dismissal with Prejudice filed by the parties pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, hereby ORDERS that this action be DISMISSED WITH PREJUDICE, with each party to bear his/its own costs and attorneys' fees. Signed by Judge Tanya Walton Pratt on 1/3/2017.(JLS)
December 30, 2016 Opinion or Order Filing 63 STIPULATION of Dismissal With Prejudice (Joint), filed by Plaintiff ULTRA STEAK, INC.. (Attachments: #1 Text of Proposed Order)(Burgan, Blake)
December 5, 2016 Opinion or Order Filing 62 ORDER - The Court has been advised by parties that a settlement has been reached in this action (Dkt. No. #61 ). It is therefore ordered that all dates and deadlines previously established are vacated. Any pending motion is denied as moot. Counsel is directed to proceed to finalize the agreement to resolve these claims, and to file the appropriate dismissal papers with the Clerk of Court on or before January 7, 2017. Failure to do so will result in dismissal with prejudice pursuant to Fed. R.Civ. P. 41(b). Signed by Judge Tanya Walton Pratt on 12/5/2016.(JLS)
November 30, 2016 Opinion or Order Filing 61 NOTICE of Settlement, filed by Defendant PHILADELPHIA INDEMNITY INSURANCE COMPANY (Mandell, Keith)
October 31, 2016 Opinion or Order Filing 60 ORDER: On September 7, 2016, the Court ordered parties to show cause why the stay should not be lifted and a new trial date scheduled within seven days. As of today's date, a response has not been filed. Accordingly, the stay in this matter is now lifted. Bench Trial set for 9/25/2017 at 09:00 AM in room #330, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt.. Final Pretrial Conference set for 8/30/2017 at 02:00 PM in room #330, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. The deadline for refilling Dispositive Motions is 11/30/2016. Signed by Judge Tanya Walton Pratt on 10/31/2016. (MAC)
September 7, 2016 Opinion or Order Filing 59 ORDER - On May 31, 2017, the Court issued its Entry Granting Motion to Stay Proceedings (Dkt. No. #58 ). Parties shall show cause within seven days as to why the stay should not be lifted and a new trial date scheduled. Signed by Judge Tanya Walton Pratt on 9/7/2016.(JLS)
May 31, 2016 Opinion or Order Filing 58 ENTRY GRANTING MOTION TO STAY PROCEEDINGS - On May 26, 2017, the parties filed a Joint Motion to Stay Proceedings. (Filing No. 57.) In their joint motion to stay, the parties indicate that they are pursuing settlement and, therefore, want to avoid incurring additional costs in this action. (Id. at 2.) In particular, the parties wish to stay briefing on the pending cross motions for summary judgment. The Court GRANTS the parties' joint motion and stays the proceedings until September 1, 2016. Rather than stay briefing on the pending summary judgment motions indefinitely, the Court DENIES WITHOUT PREJUDICE the parties' cross motions for summary judgment. (Filing No. 40; Filing No. 43.) Should the parties fail to reach a settlement agreement by September 1, 2016, either party may file a motion to lift the stay and refile their motion for summary judgment. As these proceedings are temporarily stayed, the Court vacates the October 12, 2016 final pretrial conference, and the October 31, 2016 bench trial. Signed by Judge Tanya Walton Pratt on 5/31/2016. (JLS)
May 26, 2016 Opinion or Order Filing 57 Joint MOTION to Stay Proceeding, filed by Plaintiff ULTRA STEAK, INC.. (Attachments: #1 Text of Proposed Order Granting Joint Motion to Stay Proceeding)(Gumbiner, Krysta)
April 29, 2016 Opinion or Order Filing 56 ORDER GRANTING JOINT MOTION FOR EXTENSION OF BRIEFING SCHEDULE - The Court, having considered the Parties' Joint Motion for Extension of Briefing Schedule and being duly advised, hereby GRANTS the Parties' motion and Orders the pending deadlines be amended as follows: June 1, 2016: Ultra Steak's deadline for filing its consolidated reply in support of its motion for summary judgment and response in opposition to Philadelphia's motion for summary judgment; and June 15, 2016: Philadelphia's deadline for filing its reply in support of its motion for summary judgment. Signed by Judge Tanya Walton Pratt on 4/29/2016. (JLS)
April 28, 2016 Opinion or Order Filing 55 Joint MOTION for Extension of Time to in which to #54 Order on Motion for Extension of Time to FileScheduling Extend Briefing Schedule, filed by Plaintiff ULTRA STEAK, INC.. (Attachments: #1 Text of Proposed Order Granting Joint Motion for Extension of Briefing Schedule)(Gumbiner, Krysta)
April 15, 2016 Opinion or Order Filing 54 ORDER GRANTING JOINT MOTION FOR EXTENSION OF DEADLINES - The Court, having considered the Parties' Joint Motion for Extension of Deadlines and being duly advised, hereby GRANTS the Parties' motion and Orders the pending deadlines be amended as follows: The June 22, 2016 final pretrial and the July 11, 2016 trial are VACATED. The final pretrial will now be held on October 12, 2016 at 11:00 a.m. in Room 330. The bench trial will now commence on October 31, 2016 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, Indianapolis, Indiana. (See order for further deadlines). Signed by Judge Tanya Walton Pratt on 4/15/2016.(JLS)
April 15, 2016 Opinion or Order Filing 53 Joint MOTION for Extension of Time to Extend Deadlines, filed by Plaintiff ULTRA STEAK, INC.. (Attachments: #1 Text of Proposed Order Order Granting Joint Motion for Extension of Deadlines)(Gumbiner, Krysta)
April 8, 2016 Opinion or Order Filing 52 ORDER GRANTING JOINT MOTION FOR EXTENSION OF BRIEFING SCHEDULE - The Court, having considered the Parties' Joint Motion for Extension of Briefing Schedule, and being duly advised, hereby GRANTS the Parties' motion and Orders the deadlines for briefing be amended as follows: April 20, 2016: Ultra Steak's deadline for filing its consolidated reply in support of its motion for summary judgment and response in opposition to Philadelphia's motion for summary judgment; and May 4, 2016: Philadelphia's deadline for filing its reply in support of its motion for summary judgment. The above deadlines are set because the parties two week filings are due June 8, 2016. The Court requires adequate time for analysis and issuance of a ruling on the cross- motions forsummary judgment, considering the July 11, 2016 trial date. Signed by Judge Tanya Walton Pratt on 4/8/2016. (JLS)
April 7, 2016 Opinion or Order Filing 51 Joint MOTION for Extension of Time to in which to #39 Order on Motion for Extension of Time to FileScheduling Extend Briefing Schedule, filed by Plaintiff ULTRA STEAK, INC.. (Attachments: #1 Text of Proposed Order Order Granting Joint Motion for Extension of Briefing Schedule)(Gumbiner, Krysta)
April 6, 2016 Opinion or Order Filing 50 Witness List , filed by Defendant PHILADELPHIA INDEMNITY INSURANCE COMPANY, Exhibit List , filed by Defendant PHILADELPHIA INDEMNITY INSURANCE COMPANY. (Mandell, Keith)
April 6, 2016 Opinion or Order Filing 49 Exhibit List , filed by Plaintiff ULTRA STEAK, INC., Witness List , filed by Plaintiff ULTRA STEAK, INC.. (Gumbiner, Krysta)
March 17, 2016 Opinion or Order Filing 48 EXHIBIT re #45 Appendix Unpublished Case law Cited by PHILADELPHIA INDEMNITY INSURANCE COMPANY. (Mandell, Keith)
March 17, 2016 Opinion or Order Filing 47 DECLARATION of Keith W. Mandell re #44 Brief/Memorandum in Support of Motion by PHILADELPHIA INDEMNITY INSURANCE COMPANY. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Mandell, Keith)
March 17, 2016 Opinion or Order Filing 46 DECLARATION of Dirk E. Ehlers re #44 Brief/Memorandum in Support of Motion by All Defendants. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit)(Mandell, Keith)
March 17, 2016 Opinion or Order Filing 45 APPENDIX re #44 Brief/Memorandum in Support of Motion by All Defendants. (Mandell, Keith)
March 17, 2016 Opinion or Order Filing 44 BRIEF/MEMORANDUM in Support re #43 MOTION for Summary Judgment , filed by Defendant PHILADELPHIA INDEMNITY INSURANCE COMPANY. (Mandell, Keith)
March 16, 2016 Opinion or Order Filing 43 MOTION for Summary Judgment , filed by Defendant PHILADELPHIA INDEMNITY INSURANCE COMPANY. (Mandell, Keith)
February 17, 2016 Opinion or Order Filing 42 Appendix of Exhibits in Support of Motion re #40 MOTION for Summary Judgment On All Claims , filed by Plaintiff ULTRA STEAK, INC.. (Attachments: #1 Exhibit A- Declaration of Estepp, #2 Exhibit B - Policy, #3 Exhibit C - OCRC Charge, #4 Exhibit D - EEOC Claim Letter, #5 Exhibit E - Estepp Email, #6 Exhibit F - 30(b)(6) Depo, #7 Exhibit G - Gorman Email, #8 Exhibit H - Claim Summary Report, #9 Exhibit I - Denial Letter, #10 Exhibit J - June 27, 2011 EEOC Letter, #11 Exhibit K - EEOC Civil Suit)(Gumbiner, Krysta)
February 17, 2016 Opinion or Order Filing 41 BRIEF/MEMORANDUM in Support re #40 MOTION for Summary Judgment On All Claims , filed by Plaintiff ULTRA STEAK, INC.. (Gumbiner, Krysta)
February 17, 2016 Opinion or Order Filing 40 MOTION for Summary Judgment On All Claims, filed by Plaintiff ULTRA STEAK, INC.. (Gumbiner, Krysta)
February 12, 2016 Opinion or Order Filing 39 ORDER GRANTING JOINT MOTION FOR EXTENSION OF DEADLINES FOR SUBMISSIONS OF MOTIONS FOR SUMMARY JUDGMENT - The Court, having considered the Parties' Joint Motion for Extension of Deadlines for Submissions of Motion for Summary Judgment, and being duly advised, hereby GRANTS the Parties' motion and Orders the deadlines for briefing be amended as follows. (See order for deadlines). Signed by Judge Tanya Walton Pratt on 2/12/2016.(JLS)
February 12, 2016 Opinion or Order Filing 38 Joint MOTION for Extension of Time to in which to #37 Order on Motion for Extension of Time to File Extension of Deadlines for Submission of Motions for Summary Judgment, filed by Plaintiff ULTRA STEAK, INC.. (Attachments: #1 Text of Proposed Order Order Granting Joint Motion for Extension of Deadlines for Submissions of Motions for Summary Judgment)(Gumbiner, Krysta)
February 4, 2016 Opinion or Order Filing 37 ORDER GRANTING JOINT MOTION TO AMEND ORDER SETTING BRIEFING SCHEDULE - The Court, having considered the Parties' Joint Motion to Amend the Order Setting Briefing Schedule, and being duly advised, hereby GRANTS the Parties' motion and Orders the deadlines for briefing be amended as follows. (See Order for deadlines). Signed by Judge Tanya Walton Pratt on 2/4/2016. (JLS) Modified on 2/4/2016 (JLS).
February 4, 2016 Opinion or Order Filing 36 Joint MOTION for Extension of Time to in which to #33 Discovery Conference Amend Order Setting Briefing Schedule, filed by Plaintiff ULTRA STEAK, INC.. (Attachments: #1 Text of Proposed Order Order Granting Joint Motion to Amend Order Setting Briefing Schedule)(Gumbiner, Krysta)
February 3, 2016 Opinion or Order Filing 35 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Dirk Edgar Ehlers hereby notifies the Clerk of the court of changed contact information. (Ehlers, Dirk)
February 3, 2016 Opinion or Order Filing 34 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Keith W Mandell hereby notifies the Clerk of the court of changed contact information. (Mandell, Keith)
December 29, 2015 Opinion or Order Filing 33 ENTRY and ORDER from Discovery Conference held before Magistrate Judge Debra McVicker Lynch on 12/23/2015 and Order Setting Briefing Schedule for Motions for Summary Judgment. For the reasons stated on the record, the plaintiff must respond to the defendant's outstanding discovery requests by January 13, 2016. The court also set a briefing schedule for the parties' anticipated cross-motions for summary judgment. (See Order for deadlines.) Signed by Magistrate Judge Debra McVicker Lynch. (KGK)
September 30, 2015 Opinion or Order Filing 32 ENTRY from Status Conference held before Magistrate Judge Debra McVicker Lynch on 9/28/2015. The conference was held and concluded without further order. Signed by Magistrate Judge Debra McVicker Lynch. (KGK)
September 21, 2015 Opinion or Order Filing 31 ORDER granting #30 Motion for Protective Order. Signed by Magistrate Judge Debra McVicker Lynch on 9/21/2015. (CBU)
September 18, 2015 Opinion or Order Filing 30 MOTION for Protective Order Uniform Stipulated Protective Order, filed by Defendant PHILADELPHIA INDEMNITY INSURANCE COMPANY. (Attachments: #1 Exhibit Uniform Stipulated Protective Order)(Mandell, Keith)
September 17, 2015 Opinion or Order Filing 29 ORDER Striking Agreed Protective Order: On September 16, 2015, the parties filed their proposed Uniform Stipulated Protective Order (Dkt. 28). Despite styling this filing as a motion, no motion accompanied the proposed Uniform Stipulated Protective Order. This filing exemplifies a troublesome practice seen more and more frequently by this court: the filing of proposed orders without accompanying motions. Fed. R. Civ. P. 26(c) states: "A party or any person from whom discovery is sought may move for a protective order...") (emphasis added). The court acts on motions, not proposed orders. Docket No. 28 is, therefore, stricken. If the parties seek a protective order, they should properly move for one. Signed by Magistrate Judge Debra McVicker Lynch on 9/17/2015. (SWM)
September 16, 2015 Opinion or Order Filing 28 *** STRICKEN PER ORDER DATED 9/17/2015 *** MOTION for Protective Order Uniform Stipulated Protective Order, filed by Defendant PHILADELPHIA INDEMNITY INSURANCE COMPANY. (Mandell, Keith) Modified on 9/18/2015 (SWM).
August 6, 2015 Opinion or Order Filing 27 ORDER granting #26 Motion to Amend Case Management Plan. Signed by Judge Tanya Walton Pratt on 8/6/2015. (CBU)
August 5, 2015 Opinion or Order Filing 26 Joint MOTION to Amend/Correct #17 Order: Case ManagementScheduling Order , filed by Plaintiff ULTRA STEAK, INC.. (Attachments: #1 Text of Proposed Order Granting Joint Motion to Amend Case Management Plan)(Guevara, David)
June 17, 2015 Opinion or Order Filing 25 MINUTE ORDER for proceedings held before Magistrate Judge Debra McVicker Lynch: Telephone Status Conference held on 6/16/2015. Telephone Status Conference set for 9/28/2015 10:00 AM (Eastern)before Magistrate Judge Debra McVicker Lynch. Counsel are to contact the court at 317-229-3630 to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch. (BAS) Modified on 6/18/2015 (BAS).
May 7, 2015 Opinion or Order Filing 24 Witness List Preliminary, filed by Defendant PHILADELPHIA INDEMNITY INSURANCE COMPANY, Exhibit List Preliminary, filed by Defendant PHILADELPHIA INDEMNITY INSURANCE COMPANY. (Mandell, Keith)
April 14, 2015 Opinion or Order Filing 23 PROCEDURES AND PRACTICES before Judge Tanya Walton Pratt. (DW)
April 13, 2015 Opinion or Order Filing 22 SCHEDULING ORDER: Having approved the Case Management Plan as amended, the Court hereby sets the final pretrial conference on June 22, 2016 at 9:00 a.m. in Room 330, and the bench trial to begin on July 11, 2016 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The final pretrial conference is for attorneys only. At the final pretrial conference, Counsel shall be prepared to discuss the status of the action, including all matters requiring completion preparatory to trial. Signed by Judge Tanya Walton Pratt on 4/13/2015.(DW)
April 7, 2015 Opinion or Order Filing 21 Exhibit List Preliminary, filed by Plaintiff ULTRA STEAK, INC., Witness List Preliminary, filed by Plaintiff ULTRA STEAK, INC.. (Gumbiner, Krysta)
March 9, 2015 Opinion or Order Filing 20 NOTICE of Service of Initial Disclosures , filed by Defendant PHILADELPHIA INDEMNITY INSURANCE COMPANY. (Mandell, Keith)
March 9, 2015 Opinion or Order Filing 19 NOTICE of Service of Initial Disclosures , filed by Plaintiff ULTRA STEAK, INC.. (Gumbiner, Krysta)
March 4, 2015 Opinion or Order Filing 18 ORDER granting #15 Motion to Appear pro hac vice. Attorney Dirk E. Ehlers for PHILADELPHIA INDEMNITY INSURANCE COMPANY added. The court FURTHER ORDERS that Dirk E. Ehlers register as a user of the court's electronic case filing system by March 20, 2015. Failure to register could result in the revocation of his admission pro hac vice. Copy to Dirk E. Ehlers via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 3/4/2015. (SWM)
March 3, 2015 Opinion or Order Filing 17 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Non-Expert Witness and Liability Discovery is due by 9/7/2015. Dispositive Motions are due by 11/7/2015. SEE ORDER. Signed by Magistrate Judge Debra McVicker Lynch on 3/3/2015. (BGT)
March 3, 2015 Opinion or Order Filing 16 MINUTE ENTRY and ORDER for proceedings held before Magistrate Judge Debra McVicker Lynch: Initial Pretrial Conference held on 3/2/2015. The case management plan is approved as modified. (Telephone Status Conference set for 6/16/2015 09:30 AM before Magistrate Judge Debra McVicker Lynch.). Signed by Magistrate Judge Debra McVicker Lynch. (PG)
March 2, 2015 Opinion or Order Filing 15 MOTION for Attorney(s) Dirk E. Ehlers to Appear pro hac vice (Filing fee $30, receipt number 0756-3374029), filed by Defendant PHILADELPHIA INDEMNITY INSURANCE COMPANY. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Mandell, Keith)
February 23, 2015 Opinion or Order Filing 14 Joint CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff ULTRA STEAK, INC. . (Gumbiner, Krysta)
February 3, 2015 Opinion or Order Filing 13 ORDER SETTING INITIAL PRETRIAL CONFERENCE. This case is assigned for an initial pretrial conference on March 2, 2015, at 2:00 p.m., before United States Magistrate Judge Debra McVicker Lynch, in Room 277, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Read this entire order carefully; it sets out the court's expectations for the conference. Signed by Magistrate Judge Debra McVicker Lynch on 2/3/2015. (BGT)
February 3, 2015 Opinion or Order Filing 12 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Keith W Mandell hereby notifies the Clerk of the court of changed contact information. (Mandell, Keith)
February 2, 2015 Opinion or Order Filing 11 Corporate Disclosure Statement by PHILADELPHIA INDEMNITY INSURANCE COMPANY. (Mandell, Keith)
February 2, 2015 Opinion or Order Filing 10 ANSWER to #1 Complaint , filed by PHILADELPHIA INDEMNITY INSURANCE COMPANY.(Mandell, Keith)
February 2, 2015 Opinion or Order Filing 9 NOTICE of Appearance by Keith W Mandell on behalf of Defendant PHILADELPHIA INDEMNITY INSURANCE COMPANY. (Mandell, Keith)
December 4, 2014 Opinion or Order Filing 8 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. All Defendants. (Guevara, David)
November 10, 2014 Opinion or Order Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
November 10, 2014 Opinion or Order Filing 6 Summons Issued as to PHILADELPHIA INDEMNITY INSURANCE COMPANY. (DJH)
November 7, 2014 Opinion or Order Filing 5 NOTICE of Appearance by Blake J. Burgan on behalf of Plaintiff ULTRA STEAK, INC.. (Burgan, Blake)
November 7, 2014 Opinion or Order Filing 4 NOTICE of Appearance by Krysta Kaye Gumbiner on behalf of Plaintiff ULTRA STEAK, INC.. (Gumbiner, Krysta)
November 7, 2014 Opinion or Order Filing 3 Corporate Disclosure Statement by ULTRA STEAK, INC.. (Guevara, David)
November 7, 2014 Opinion or Order Filing 2 NOTICE of Appearance by David L. Guevara on behalf of Plaintiff ULTRA STEAK, INC.. (Guevara, David)
November 7, 2014 Opinion or Order Filing 1 COMPLAINT for Breach of Contract and Declaratory Judgment against PHILADELPHIA INDEMNITY INSURANCE COMPANY, filed by ULTRA STEAK, INC.. (Filing fee $400, receipt number 0756-3249109) (Attachments: #1 Exhibit A - Insurance Policy, #2 Civil Cover Sheet, #3 Proposed Summons)(Guevara, David)

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Plaintiff: ULTRA STEAK, INC.
Represented By: Blake J. Burgan
Represented By: Krysta Kaye Gumbiner
Represented By: David L. Guevara
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Defendant: PHILADELPHIA INDEMNITY INSURANCE COMPANY
Represented By: Dirk Edgar Ehlers
Represented By: Keith W Mandell
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