SCHROEDER, et al v. PROGRESSIVE PALOVERDE INSURANCE COMPANY, et al
| HEATHER SCHROEDER and MISTY TANNER |
| PROGRESSIVE PALOVERDE INSURANCE COMPANY and PROGRESSIVE SOUTHEASTERN INSURANCE CO., |
| Mitchell International, Inc. and J.D. Power |
| 1:2022cv00946 |
| May 13, 2022 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| M Kendra Klump |
| Jane Magnus-Stinson |
| Insurance |
| 12 U.S.C. § 635 Breach of Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on January 26, 2024. A more recent docket listing may be available from PACER.
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Filing 118
ORDER granting #110 Unopposed MOTION to Maintain Document Under Seal #109 SEALED Document. Dkt. #114 , styled as a motion seeking the same relief as Dkt. #110 is hereby simultaneously GRANTED as well. Signed by Magistrate Judge M. Kendra Klump on 11/14/2023. (TPS)
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Filing 117
MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 11/7/2023. Telephonic Status Conference set for 4/9/2024 at 10:00 AM (Eastern Time) before Magistrate Judge M. Kendra Klump. See Minute Order for further information. Signed by Magistrate Judge M. Kendra Klump. (BAS)
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Filing 116
SEALED , re #114 Motion to Seal Document/Maintain Document Under Seal, filed by Respondents J.D. Power, Mitchell International, Inc.. (Attachments: #1 Exhibit 1 - Kroell Depo Tr., #2 Exhibit 2 - Bogus Depo Tr., #3 Exhibit 3 - Lacey (Volino) Depo Tr., #4 Exhibit 4 - Ryan Depo Tr.)(Becker, Dana)
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Filing 115
BRIEF/MEMORANDUM in Support re #114 Unopposed MOTION to Maintain Document Under Seal #110 Unopposed MOTION to Maintain Document Under Seal #109 SEALED Document (Case Participants - doc) , filed by Respondents J.D. Power, Mitchell International, Inc.. (Attachments: #1 Exhibit 1 - Kroell Depo Tr. (Redacted), #2 Exhibit 2 - Bogus Depo Tr. (Redacted), #3 Exhibit 3 - Lacey (Volino) Depo Tr. (Redacted}, #4 Exhibit 4 - Ryan Depo Tr. (Redacted))(Becker, Dana)
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Filing 114
Unopposed MOTION to Maintain Document Under Seal #110 Unopposed MOTION to Maintain Document Under Seal #109 SEALED Document (Case Participants - doc) , filed by Respondents J.D. Power, Mitchell International, Inc.. (Attachments: #1 Text of Proposed Order)(Becker, Dana)
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Filing 112
Submission of Proposed Order , re #110 Unopposed MOTION to Maintain Document Under Seal #109 SEALED Document (Case Participants - doc) , filed by Defendants PROGRESSIVE PALOVERDE INSURANCE COMPANY, PROGRESSIVE SOUTHEASTERN INSURANCE CO.,. (Cashdan, Jeffrey)
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Filing 111
MOTION for Oral Argument on Plaintiff's Motion for Class Certification, filed by Defendants PROGRESSIVE PALOVERDE INSURANCE COMPANY, PROGRESSIVE SOUTHEASTERN INSURANCE CO.,. (Attachments: #1 Text of Proposed Order)(Cashdan, Jeffrey)
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Filing 110
Unopposed MOTION to Maintain Document Under Seal #109 SEALED Document (Case Participants - doc) , filed by Defendants PROGRESSIVE PALOVERDE INSURANCE COMPANY, PROGRESSIVE SOUTHEASTERN INSURANCE CO.,. (Cashdan, Jeffrey)
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Filing 109
SEALED Defendants' Opposition, re #92 Motion to Certify Class, filed by Defendants PROGRESSIVE PALOVERDE INSURANCE COMPANY, PROGRESSIVE SOUTHEASTERN INSURANCE CO.,. (Attachments: #1 Exhibit B: Kroell Depo, Ex 5, #2 Exhibit C: Kroell Depo Tr, #3 Exhibit D: Bogus Depo Tr, #4 Exhibit E: Kroell Depo, Ex 7, #5 Exhibit H: Walker Report, #6 Exhibit I: Lacey (Volino) Depo Tr, #7 Exhibit S: Ryan Depo Tr)(Cashdan, Jeffrey)
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Filing 108
RESPONSE in Opposition re #92 MOTION to Certify Class , filed by Defendants PROGRESSIVE PALOVERDE INSURANCE COMPANY, PROGRESSIVE SOUTHEASTERN INSURANCE CO.,. (Attachments: #1 Exhibit A: Schroeder Depo, Ex 2, #2 Exhibit B: Kroell Depo, Ex 5, #3 Exhibit C: Kroell Depo Tr, #4 Exhibit D: Bogus Depo Tr, #5 Exhibit E: Kroell Depo Tr, #6 Exhibit F: Schroeder Depo Tr, #7 Exhibit G: Tanner Depo Tr, #8 Exhibit H: Walker Report, #9 Exhibit I: Lacey (Volino) Depo Tr, #10 Exhibit J: Scheuren Declaration, #11 Exhibit K: Kuntz Depo Tr, #12 Exhibit L: Holcomb Depo Tr, #13 Exhibit M: Felix (Bartee) Depo Tr, #14 Exhibit N: Felix (Costello) Depo Tr, #15 Exhibit O: Felix (Kroeger) Depo Tr, #16 Exhibit P: Spizzirri Report, #17 Exhibit Q: Felix (Bartee) Depo Tr, #18 Exhibit R: Merritt (Costello) Depo Tr, #19 Exhibit S: Ryan Depo Tr, #20 Exhibit T: Kinney Report, #21 Exhibit U: Merritt (Volino) Depo Tr, #22 Exhibit V: Felix (Drummond) Depo Tr, #23 Exhibit W: Merritt (Drummond) Depo Tr, #24 Exhibit X: Hover Declaration, #25 Exhibit Y: Merritt (Kroeger) Depo Tr, #26 Exhibit Z: Lacey (Costello) Depo Tr, #27 Exhibit AA: Lacey (Kroeger) Depo Tr, #28 Exhibit BB: Lewis v. GEICO, #29 Exhibit CC: Brown v. Progressive Mountain)(Cashdan, Jeffrey)
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Filing 107
ORDER granting #106 Motion for Extension of Time - Defendants' deadline to serve their expert disclosures and reports, and to file their opposition to Plaintiffs' Motion for Class Certification is hereby extended to October 24, 2023. The deadline to complete expert discovery and Plaintiffs' deadline to file a reply in support of their Motion for Class Certification is hereby extended to November 20, 2023. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 10/18/2023. (JRB)
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Filing 106
Joint MOTION for Extension of Time to October 24, 2023 (Defendants' Expert Reports and Defendants' Opposition to Plaintiffs' Motion for Class Certification) and November 20, 2023 (Complete Expert Discovery and Plaintiffs' Reply in Support of Motion for Class Certification) , filed by Defendants PROGRESSIVE PALOVERDE INSURANCE COMPANY, PROGRESSIVE SOUTHEASTERN INSURANCE CO.,. (Attachments: #1 Text of Proposed Order)(Cashdan, Jeffrey)
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Filing 105
**DISREGARD - SEE DKT #106 ** Joint MOTION for Extension of Time to October 24, 2023 (Defendants' Expert Reports and Defendants' Opposition to Plaintiffs' Motion for Class Certification) and November 20, 2023 (Complete Expert Discovery and Plaintiffs' Reply in Support of Motion for Class Certification) , filed by Defendants PROGRESSIVE PALOVERDE INSURANCE COMPANY, PROGRESSIVE SOUTHEASTERN INSURANCE CO.,. (Attachments: #1 Text of Proposed Order)(Cashdan, Jeffrey) Modified on 10/18/2023 (MRI).
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Filing 104
ORDER granting #100 Plaintiffs' Unopposed Motion to Maintain Under Seal Plaintiffs' Motion for Class Certification, Dkt. #95 . The Court, having reviewed the pleadings, GRANTS Plaintiff's Motion. SEE ORDER. Signed by Magistrate Judge M. Kendra Klump on 09/29/2023. (AAS)
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Filing 103
BRIEF/MEMORANDUM in Support re #100 MOTION to Maintain Document Under Seal #95 Unopposed MOTION to Maintain Document Under Seal #94 SEALED Document (Case Participants - doc), #93 SEALED Document (Case Participants - doc) , filed by Defendants PROGRESSIVE PALOVERDE INSURANCE COMPANY, PROGRESSIVE SOUTHEASTERN INSURANCE CO.,. (Attachments: #1 Exhibit 1: Depo Transcript of J. Retton, #2 Exhibit 2: Depo Transcript of M. Silver)(Cashdan, Jeffrey)
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Filing 102
Submission of Proposed Order re #100 MOTION to Maintain Document Under Seal #95 Unopposed MOTION to Maintain Document Under Seal #94 SEALED Document (Case Participants - doc), #93 SEALED Document (Case Participants - doc) , filed by Respondents J.D. Power, Mitchell International, Inc. (Becker, Dana) Modified on 9/20/2023 - Updated dkt text (JSR).
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Filing 101
BRIEF/MEMORANDUM in Support re #100 MOTION to Maintain Document Under Seal #95 Unopposed MOTION to Maintain Document Under Seal #94 SEALED Document (Case Participants - doc), #93 SEALED Document (Case Participants - doc) , filed by Respondents J.D. Power, Mitchell International, Inc.. (Becker, Dana)
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Filing 100
MOTION to Maintain Document Under Seal #95 Unopposed MOTION to Maintain Document Under Seal #94 SEALED Document (Case Participants - doc), #93 SEALED Document (Case Participants - doc) , filed by Respondents Mitchell International, Inc., J.D. Power. (Becker, Dana)
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Filing 99
ORDER REQUIRING COMPLIANCE WITH LOCAL RULES - Defendants had 14 days to "file a Statement Authorizing Unsealing of Document (or specific portions thereof) and/or a Brief in Support that complies with the requirements of subsection (e) and a redacted (confidential portions blacked out) public version of the document that was designated as confidential and filed under seal." Defendants have not done so. Defendants are hereby ordered, within 7 days of this order, to file a paper compliant with Local Rule 5-11(d)(5). Signed by Magistrate Judge M. Kendra Klump on 09/11/2023.(AAS)
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Filing 98
NOTICE OF FILING SUPPLEMENTAL AUTHORITY, filed by Plaintiffs HEATHER SCHROEDER, MISTY TANNER (Attachments: #1 Exhibit Exhibit 1 - Clippinger v. State Farm Order) (Shamis, Andrew)
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Filing 97
BRIEF/MEMORANDUM in Support re #96 MOTION for Class Certification with proposed redacted exhibits (Redacted Brief), filed by Plaintiff HEATHER SCHROEDER. (Phillips, Jacob)
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Filing 96
MOTION for Class Certification with proposed redacted exhibits, filed by Plaintiff HEATHER SCHROEDER. (Attachments: #1 Exhibit 1 (Graphs Redacted), #2 Exhibit 2 (Retton Dep. Transcript Redacted), #3 Exhibit 3 (Indiana Auto Policy), #4 Exhibit 4 (Silver Dep. Transcript Redacted), #5 Exhibit 5 (Kroell Dep. Transcript Redacted), #6 Exhibit 6 (Plf Schroeder Valuation Report), #7 Exhibit 7 (Lacey Expert Report Redacted), #8 Exhibit 8 (Felix Expert Report Redacted), #9 Exhibit 9 (Merritt Expert Report), #10 Exhibit 10 (Bogus Dep. Transcript Redacted), #11 Exhibit 11 (Martin Expert Report), #12 Exhibit 12 (Decl. of Hank Bates ISO Class Cert Motion), #13 Exhibit 13 (Class Definitions))(Phillips, Jacob) Modified on 8/23/2023 - Updated event type (JSR).
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Filing 95
Unopposed MOTION to Maintain Document Under Seal #94 SEALED Document (Case Participants - doc), #93 SEALED Document (Case Participants - doc) , filed by Plaintiff HEATHER SCHROEDER. (Attachments: #1 Text of Proposed Order (Proposed Order Granting Motion to Seal))(Phillips, Jacob)
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Filing 94
SEALED Brief in Support of Motion for Class Cert, re #92 MOTION for Class Certification, filed by Plaintiff HEATHER SCHROEDER. (Phillips, Jacob) Modified on 8/23/2023 (JSR) - Updated link to dkt 92.
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Filing 93
SEALED Motion for Class Cert and Exhibits, filed by Plaintiff HEATHER SCHROEDER. (Attachments: #1 Exhibit 1 (Graphs), #2 Exhibit 2 (Retton Dep. Transcript), #3 Exhibit 4 (Silver Dep. Transcript), #4 Exhibit 5 (Kroell Dep. Transcript), #5 Exhibit 7 (Lacey Expert Report), #6 Exhibit 8 (Felix Expert Report), #7 Exhibit 10 (Bogus Dep. Transcript))(Phillips, Jacob)
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Filing 92
MOTION for Class Certification, filed by Plaintiff HEATHER SCHROEDER. (Phillips, Jacob) Modified on 8/23/2023 - Updated event type (JSR).
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Filing 91
ORDER granting #89 Motion to Appear pro hac vice. Attorney Chris Gold added as counsel for Plaintiff HEATHER SCHROEDER. Signed by Magistrate Judge M. Kendra Klump on 8/22/2023. (LBT)
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Filing 90
ORDER granting #88 Motion for Leave to File Excess Pages. SEE ORDER. Signed by Magistrate Judge M. Kendra Klump on 8/21/2023. (KAA)
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Filing 89
MOTION for Attorney(s) Chris Gold to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7774126), filed by Plaintiffs HEATHER SCHROEDER, MISTY TANNER. (Attachments: #1 Text of Proposed Order)(Gold, Christopher)
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Filing 88
Joint MOTION for Leave to File Excess Pages , filed by Plaintiffs HEATHER SCHROEDER, MISTY TANNER. (Attachments: #1 Text of Proposed Order Proposed Order)(Lowther, Edwin)
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Filing 87
ORDER granting #85 Motion to Withdraw Attorney Appearance. Attorney Amy Judkins withdrawn. Signed by Magistrate Judge M. Kendra Klump on 8/8/2023. (SWM)
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Filing 86
NOTICE of Filing Proposed Order by All Plaintiffs (Attachments: #1 Text of Proposed Order) (Judkins, Amy)
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Filing 85
MOTION to Withdraw Attorney Appearance , filed by Plaintiffs HEATHER SCHROEDER, MISTY TANNER. (Judkins, Amy)
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Filing 84
ORDER granting #83 Motion to Appear pro hac vice. Attorney Erin Munger for PROGRESSIVE PALOVERDE INSURANCE COMPANY,Erin Munger for PROGRESSIVE SOUTHEASTERN INSURANCE CO. added. Signed by Magistrate Judge M. Kendra Klump on 7/19/2023. (JRB)
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Filing 83
MOTION for Attorney(s) Erin M. Munger to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7725696), filed by Defendants PROGRESSIVE PALOVERDE INSURANCE COMPANY, PROGRESSIVE SOUTHEASTERN INSURANCE CO.,. (Attachments: #1 Text of Proposed Order)(Munger, Erin)
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Filing 82
MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 7/14/2023. Telephonic Status Conference set for 11/7/2023 at 9:30 AM (Eastern Time) before Magistrate Judge M. Kendra Klump. See Minute Order for further information. Signed by Magistrate Judge M. Kendra Klump. (BAS)
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Filing 81
ORDER granting #80 Motion to Appear pro hac vice. Attorney Jacob Phillips for HEATHER SCHROEDER and MISTY TANNER added. Signed by Magistrate Judge M. Kendra Klump on 7/14/2023. (SWM)
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Filing 80
MOTION for Attorney(s) Jacob Phillips to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7718337), filed by Plaintiffs HEATHER SCHROEDER, MISTY TANNER. (Attachments: #1 Text of Proposed Order Proposed Order for Motion to Appear Pro Hac Vice)(Phillips, Jacob)
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Filing 78
Rule 7.1 Disclosure Statement by PROGRESSIVE PALOVERDE INSURANCE COMPANY, PROGRESSIVE SOUTHEASTERN INSURANCE CO., identifying Corporate Parent PROGRESSIVE DIRECT HOLDINGS, INC., Corporate Parent Progressive Corporation for PROGRESSIVE PALOVERDE INSURANCE COMPANY; Corporate Parent Progressive Corporation, Corporate Parent Progressive Agency Holdings, Inc. for PROGRESSIVE SOUTHEASTERN INSURANCE CO.,.. (White, Allison)
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Filing 77
Rule 7.1 Disclosure Statement, filed by Plaintiffs HEATHER SCHROEDER, MISTY TANNER. (Gilchrist, Scott) Modified on 6/27/2023 - Updated dkt text (JSR).
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Filing 76
Notice to File Rule 7.1 Disclosure Statement. (RAGS) (JSR)
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Filing 75
Defendants' ANSWER to #59 Amended Complaint , filed by All Defendants.(Cashdan, Jeffrey)
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Filing 74
TRIAL SETTING AND NOTICE OF FINAL PRETRIAL CONFERENCE - A Final Pretrial Conference is set for 4/18/2024 at 11:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. A Jury Trial is set for 5/13/2024 at 9:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indian. Counsel are reminded of the required pretrial preparation deadlines set forth in paragraph VIII of the case management plan. Counsel are further reminded to review the undersigned's Practices and Procedures, available at dkt #4 . Signed by Judge Jane Magnus-Stinson on 6/13/2023.(KAA)
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Filing 73
AMENDED SCHEDULING ORDER (TIME ONLY): Telephonic Status Conference set for 7/14/2023 at 2:00 p.m. is reset to 7/14/2023 at 3:15 PM (Eastern Time) before Magistrate Judge M. Kendra Klump. ***TEXT ONLY ENTRY***(BAS)
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Filing 72
NOTICE of Appearance by Edmund Leonard Abel on behalf of Defendant PROGRESSIVE SOUTHEASTERN INSURANCE CO.,. (Abel, Edmund)
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Filing 71
NOTICE of Appearance by Meghan Eileen Ruesch on behalf of Defendant PROGRESSIVE SOUTHEASTERN INSURANCE CO.,. (Ruesch, Meghan)
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Filing 70
NOTICE of Appearance by John Carl Trimble on behalf of Defendant PROGRESSIVE SOUTHEASTERN INSURANCE CO.,. (Trimble, John)
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Filing 69
NOTICE of Appearance by Julia Constance Barrett on behalf of Defendant PROGRESSIVE SOUTHEASTERN INSURANCE CO.,. (Barrett, Julia)
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Filing 68
NOTICE of Appearance by James Matthew Brigman on behalf of Defendant PROGRESSIVE SOUTHEASTERN INSURANCE CO.,. (Brigman, James)
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Filing 67
NOTICE of Appearance by Zachary A. McEntyre on behalf of Defendant PROGRESSIVE SOUTHEASTERN INSURANCE CO.,. (McEntyre, Zachary)
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Filing 66
NOTICE of Appearance by Jeffrey Cashdan on behalf of Defendant PROGRESSIVE SOUTHEASTERN INSURANCE CO.,. (Cashdan, Jeffrey)
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Filing 65
NOTICE of Appearance by Allison Hill White on behalf of Defendant PROGRESSIVE SOUTHEASTERN INSURANCE CO.,. (White, Allison)
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Filing 64
ORDER granting Defendant Progressive Paloverde Insurance Company's #61 Motion for Extension of Time to File response to amended complaint to 6/20/2023. Signed by Magistrate Judge M. Kendra Klump on 4/26/2023. (SWM)
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Filing 62
WAIVER OF SERVICE Returned Executed, filed by HEATHER SCHROEDER. PROGRESSIVE SOUTHEASTERN INSURANCE CO., waiver sent on 4/21/2023. (Gilchrist, Scott)
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Filing 61
Unopposed MOTION for Extension of Time to June 20, 2023 to Answer Plaintiffs' Second Amended Complaint, filed by Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(White, Allison)
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Filing 63
MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 4/24/2023. Telephonic Status Conference set for 7/14/2023 at 2:00 PM (Eastern Time) before Magistrate Judge M. Kendra Klump. See Minute Order for further information. Signed by Magistrate Judge M. Kendra Klump. (BAS)
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Filing 59
SECOND AMENDED COMPLAINT against PROGRESSIVE PALOVERDE INSURANCE COMPANY, PROGRESSIVE SOUTHEASTERN INSURANCE CO., filed by HEATHER SCHROEDER, MISTY TANNER. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - Mitchell Valuation Report)(DWH) Modified on 4/20/2023 - Updated dkt text and changed filed date to date of order at #58 (JSR).
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Filing 58
ORDER - This matter comes before the Court on Stipulation to File an Amended Complaint and Joint Motion to Extend Deadlines, Dkt. [ #56 ]. The Court, having considered the same and being duly advised, hereby GRANTS said motion. The parties' case management plan will be amended as follows (see Order for established deadlines). The Clerk is directed to docket Dkt. 56-1 as Plaintiff's Second Amended Complaint, and update the docket to reflect the added parties. The parties, however, are reminded that S.D. Ind. Local Rule 7-1 requires motions to be filed separately. Signed by Magistrate Judge M. Kendra Klump on 4/17/2023.(SWM) Modified on 4/20/2023 - Changed filed and signed by dates to match date of order (JSR).
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Filing 57
SCHEDULING ORDER: The Court, sua sponte, sets this matter for a telephonic status conference on Monday, April 24, 2023 at 10:00 a.m. (Eastern). The purpose of the conference shall be to discuss case status. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge M. Kendra Klump on 4/7/2023.(SWM)
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Filing 56
MOTION to File an Amended Complaint & Joint Motion to Extend Deadlines, re #33 Order: Case Management, filed by Plaintiff HEATHER SCHROEDER. (Attachments: #1 Exhibit 1 (Proposed Second Amended Complaint))(Judkins, Amy) Modified on 4/6/2023 - Updated event type (JSR).
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Filing 55
NOTICE of Reassignment of Case to Magistrate Judge M. Kendra Klump. Magistrate Judge Matthew P. brookman is no longer assigned to this case. Please include the new case number, 1:22-cv-946-JMS-MKK, on all future filings in this matter. (LBT)
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Filing 54
STIPULATED ORDER GOVERNING DISCOVERY OF ELECTRONICALLY STORED INFORMATION - SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 1/5/23. (JRB)
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Filing 53
STIPULATED CONFIDENTIALITY ORDER - SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 1/5/23.(JRB)
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Filing 52
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 1/5/2023. Status Conference set for 6/5/2023 at 10:00 AM (Eastern Time) Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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Filing 51
Joint MOTION for Order Governing Discovery of Electronically Stored Information, filed by Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY. (Ruesch, Meghan)
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Filing 50
Joint MOTION for Protective Order , filed by Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY. (Ruesch, Meghan)
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Filing 48
ORDER granting in part and denying in part #36 Motion to Dismiss as to Ms. Schroeder's breach of contract and breach of the duty of good faith and fair dealing claims, GRANTED IN PART as to Ms. Schroeder's declaratory judgment claim, and DENIED IN PART AS MOOT as to any potential claim under Indiana Code 27-4-1-4.5. [36.] The breach of contract and breach of the covenant of good faith and fair dealing claims shall proceed and no partial final judgment shall issue. Signed by Judge Jane Magnus-Stinson on 12/19/2022. (CBU)
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Filing 47
NOTICE of Filing SUPPLEMENTAL AUTHORITY by HEATHER SCHROEDER (Attachments: #1 Exhibit) (Shamis, Andrew)
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Filing 46
SCHEDULING ORDER: TELEPHONIC STATUS CONFERENCE set for January 9, 2023, is hereby RESCHEDULED for JANUARY 5, 2023 at 10:00 a.m., Indianapolis time (EST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 11/9/2022.(JRB)
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Filing 45
NOTICE of Filing Supplemental Authority by HEATHER SCHROEDER (Attachments: #1 Exhibit 1- Order and Opinion filed in Volino et al., v. Progressive Casualty Ins. Co. et al., No. 21-cv-6243-LGS, Dkt. No. 152 (S.D.N.Y. October 6, 2022)) (Shamis, Andrew)
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Filing 44
REPLY in Support of Motion re #36 MOTION to Dismiss Amended Complaint (Dkt No. 32) , filed by Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY. (Ruesch, Meghan)
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Filing 43
NOTICE of Filing Supplemental Authority re #38 RESPONSE in Opposition re 36 MOTION to Dismiss Amended Complaint by HEATHER SCHROEDER (Attachments: #1 Exhibit 1- Order and Opinion filed in Williams v. Progressive Direct Ins. Co., No. 1:22-cv-00510-MAK, Dkt. No. 32-33, #2 Exhibit 2- Order and Opinion filed in Clippinger v. State Farm Mutual Automobile Insurance Co., No. 2:20-cv-02482-TLP-cgc, Dkt. No. 128) (Shamis, Andrew) Modified on 10/4/2022 - Linked to Dkt. 38 (JSR).
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Filing 42
Exhibit List (Preliminary), filed by Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY, Witness List (Preliminary), filed by Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY. (Ruesch, Meghan)
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Filing 41
ORDER - This matter came before the Court on the Motion for Enlargement of Time in which to reply to Motion to Dismiss Plaintiff's First Amended Complaint filed herein by Defendant, PROGRESSIVE PALOVERDE INSURANCE COMPANY. The Court, being duly advised, now GRANTS said Motion #40 . Defendant, PROGRESSIVE PALOVERDE INSURANCE COMPANY, is granted a period of time through and including October 5, 2022, in which to file a Reply to its Motion to Dismiss Plaintiff's First Amended Complaint. Signed by Judge Jane Magnus-Stinson on 9/27/2022. (JSR)
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Filing 40
MOTION for Extension of Time to File Response to October 5, 2022 re #36 MOTION to Dismiss Amended Complaint (Dkt No. 32) , filed by Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Ruesch, Meghan)
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Filing 39
Witness List (Preliminary), filed by Plaintiff HEATHER SCHROEDER, and Exhibit List (Preliminary), filed by Plaintiff HEATHER SCHROEDER. (Judkins, Amy)
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Filing 38
RESPONSE in Opposition re #36 MOTION to Dismiss Amended Complaint (Dkt No. 32) , filed by Plaintiff HEATHER SCHROEDER. (Judkins, Amy)
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Filing 37
BRIEF/MEMORANDUM in Support re #36 MOTION to Dismiss Amended Complaint (Dkt No. 32) , filed by Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY. (Ruesch, Meghan)
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Filing 36
MOTION to Dismiss Amended Complaint (Dkt No. 32), filed by Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY. (Ruesch, Meghan)
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Filing 35
ORDER granting #31 Motion to Appear pro hac vice. Attorney Edwin Lee Lowther, III for HEATHER SCHROEDER added. Signed by Magistrate Judge Matthew P. Brookman on 8/4/2022. (JRB)
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Filing 34
ORDER granting #30 Motion to Appear pro hac vice. Attorney Joseph Henry (Hank) Bates, III for HEATHER SCHROEDER added. Signed by Magistrate Judge Matthew P. Brookman on 8/4/2022. (JRB)
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Filing 33
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Initial Pretrial Conference held on 8/3/2022. Dispositive Motions due by 5/15/2024. Discovery due by 5/1/2023. Status Conference set for 1/9/2023 at 10:00 AM (Eastern Time) Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman on 8/3/2022.(TMB)
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Filing 32
AMENDED COMPLAINT against PROGRESSIVE PALOVERDE INSURANCE COMPANY, filed by HEATHER SCHROEDER. (Attachments: #1 Exhibit A Policy, #2 Exhibit B Mitchell Valuation Report)(Judkins, Amy)
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Filing 31
MOTION for Attorney(s) Edwin Lee Lowther, III to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7213711), filed by Plaintiff HEATHER SCHROEDER. (Attachments: #1 Text of Proposed Order)(Lowther, Edwin)
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Filing 30
MOTION for Attorney(s) Joseph Henry (Hank) Bates, III to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7213697), filed by Plaintiff HEATHER SCHROEDER. (Attachments: #1 Text of Proposed Order)(Bates, Joseph)
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Filing 29
ORDER granting #22 Motion To Set Schedule For The Filing Of Amended Complaint And Response, Plaintiff shall file the Amended Complaint by August 1, 2022. In light of the forthcoming Amended Complaint, Defendant is relieved of the obligation to respond to the original complaint. Defendant will answer or otherwise respond to the Amended Complaint by August 31, 2022. Signed by Magistrate Judge Matthew P. Brookman on 7/28/2022. (JRB) Modified on 8/1/2022 - Updated date order was signed to 7/28/2022 (JSR).
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Filing 28
Submission of Proposed Order , re #22 Joint MOTION To Set Schedule For The Filing Of Amended Complaint And Response, filed by Plaintiff HEATHER SCHROEDER. (Judkins, Amy)
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Filing 27
ORDER granting #20 Motion to Appear pro hac vice. Attorney Allison Hill White for PROGRESSIVE PALOVERDE INSURANCE COMPANY added. Signed by Magistrate Judge Matthew P. Brookman on 7/28/2022. (JRB)
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Filing 26
ORDER granting #19 Motion to Appear pro hac vice. Attorney James Matthew Brigman for PROGRESSIVE PALOVERDE INSURANCE COMPANY added. Signed by Magistrate Judge Matthew P. Brookman on 7/28/2022. (JRB)
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Filing 25
ORDER granting #18 Motion to Appear pro hac vice. Attorney Zachary A. McEntyre for PROGRESSIVE PALOVERDE INSURANCE COMPANY added. Signed by Magistrate Judge Matthew P. Brookman on 7/28/2022. (JRB)
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Filing 24
ORDER granting #17 Motion to Appear pro hac vice. Attorney Julia Constance Barrett for PROGRESSIVE PALOVERDE INSURANCE COMPANY added. Signed by Magistrate Judge Matthew P. Brookman on 7/28/2022. (JRB)
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Filing 23
ORDER granting #16 Motion to Appear pro hac vice. Attorney Jeffrey Cashdan for PROGRESSIVE PALOVERDE INSURANCE COMPANY added. Signed by Magistrate Judge Matthew P. Brookman on 7/28/2022. (JRB)
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Filing 22
Joint MOTION To Set Schedule For The Filing Of Amended Complaint And Response, filed by Plaintiff HEATHER SCHROEDER. (Judkins, Amy)
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Filing 21
CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff HEATHER SCHROEDER . (Judkins, Amy)
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Filing 20
MOTION for Attorney(s) Allison Hill White to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7208973), filed by Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(White, Allison)
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Filing 19
MOTION for Attorney(s) James Matthew Brigman to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7208959), filed by Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Brigman, James)
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Filing 18
MOTION for Attorney(s) Zachary A. McEntyre to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7208951), filed by Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(McEntyre, Zachary)
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Filing 17
MOTION for Attorney(s) Julia C. Barrett to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7208916), filed by Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Barrett, Julia)
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Filing 16
MOTION for Attorney(s) Jeffrey S. Cashdan to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7208888), filed by Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Cashdan, Jeffrey)
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Filing 14
ORDER granting #13 Motion to Appear pro hac vice. Attorney Amy Judkins for HEATHER SCHROEDER added. Signed by Magistrate Judge Matthew P. Brookman on 7/25/2022. (JRB)
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Filing 13
MOTION for Attorney(s) Amy L. Judkins to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7201881), filed by Plaintiff HEATHER SCHROEDER. (Attachments: #1 Text of Proposed Order Amy Judkins Proposed Order Motion to Appear Pro Has Vice)(Judkins, Amy)
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Filing 12
NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY. (Trimble, John)
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Filing 11
ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - The above case is hereby assigned for an INITIAL PRETRIAL CONFERENCE on AUGUST 3, 2022 at 10:00 a.m., Indianapolis Time (EST), TELEPHONIC, before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 6/3/2022.(AAS)
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Filing 10
NOTICE of Appearance by Meghan Eileen Ruesch on behalf of Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY. (Ruesch, Meghan)
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Filing 9
NOTICE of Appearance by Edmund Leonard Abel on behalf of Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY. (Abel, Edmund)
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Filing 8
NOTICE of Appearance by John Carl Trimble on behalf of Defendant PROGRESSIVE PALOVERDE INSURANCE COMPANY. (Trimble, John)
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Filing 7
ORDER granting #6 Motion to Appear pro hac vice. Attorney Andrew Shamis for HEATHER SCHROEDER added. Signed by Magistrate Judge Matthew P. Brookman on 5/19/2022. (JRB)
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Filing 6
MOTION for Attorney(s) Andrew Shamis to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7109120), filed by Plaintiff HEATHER SCHROEDER. (Attachments: #1 Text of Proposed Order)(Shamis, Andrew)
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Filing 5
WAIVER OF SERVICE Returned Executed, filed by HEATHER SCHROEDER. PROGRESSIVE PALOVERDE INSURANCE COMPANY waiver sent on 5/16/2022. (Gilchrist, Scott)
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Filing 4
PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (MRI)
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Filing 3
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR)
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Filing 2
NOTICE of Appearance by Scott D. Gilchrist on behalf of Plaintiff HEATHER SCHROEDER. (Gilchrist, Scott)
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Filing 1
COMPLAINT against PROGRESSIVE PALOVERDE INSURANCE COMPANY, filed by HEATHER SCHROEDER. (Filing fee $402, receipt number AINSDC-7103346) (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet)(Gilchrist, Scott)
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