ACUITY v. DUNHAM
| ACUITY A MUTUAL INSURANCE COMPANY and ACUITY |
| STEVE DUNHAM d/b/a Dunham Construction, JONATHAN GREMORE, JENAYAH GREMORE, LAURA CRYSTAL and JEFFERY HAYMAN |
| 2:2023cv00483 |
| October 10, 2023 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Jane Magnus-Stinson |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgement |
| Defendant |
Docket Report
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Filing 37
ORDER - In order for the Court to determine whether it has diversity jurisdiction over this matter, Acuity and Mr. Dunham are ORDERED to conduct whatever investigation is necessary and file a joint jurisdictional statement by December 20, 2023, properly setting forth each party's citizenship and whether the amount in controversy exceeds $75,000, exclusive of interest and costs. If agreement cannot be reached on the contents of a joint jurisdictional statement, competing statements must be filed by that date. The Court notes that while Acuity has named Jonathan Gremore, Jenayah Gremore, Laura Crystal, and Jeffery Hayman as Defendants, there is no indication on the docket that these parties have been served with the Complaint or the Amended Complaint. If service has taken place, the Court ORDERS Acuity to file the corresponding proofs of service by December 20, 2023. If service has not taken place, the Court ORDERS Acuity to SHOW CAUSE by December 20, 2023 why those Defendants should not be dismissed from this case. (See Order.) Signed by Judge Jane Magnus-Stinson on 12/4/2023. (JSR)
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| Filing 36 ANSWER to #35 Amended Complaint , filed by STEVE DUNHAM.(Hassler, Mark) Modified on 11/30/2023 to link answer to Amended Compliant (TPS). |
| Filing 35 AMENDED COMPLAINT for Rescission or, in the Alternative, for Declaratory Judgment (28 USC 2201 et seq.) against Steve Dunham d/b/a Dunham Construction, JONATHAN GREMORE, Jenayah Gremore, Laura Crystal, Jeffery Hayman, filed by ACUITY A MUTUAL INSURANCE COMPANY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Postel, Joseph) |
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Filing 34
ORDER granting #31 Motion for Leave to File Amended Complaint for Declaratory Judgment. Plaintiff is granted leave to file an Amended Complaint and shall do so by November 20, 2023. (SEE ORDER.) Signed by Magistrate Judge Mark J. Dinsmore on 11/13/2023. (TPS)
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| Filing 33 NOTICE of Appearance by Mark Douglas Hassler on behalf of Defendant STEVE DUNHAM. (Hassler, Mark) |
| Filing 32 Rule 7.1 Disclosure Statement by ACUITY A MUTUAL INSURANCE COMPANY. (Postel, Joseph) |
| Filing 31 MOTION for Leave to File Amended Complaint for Declaratory Judgment, filed by Plaintiff ACUITY A MUTUAL INSURANCE COMPANY. (Attachments: #1 Index of Exhibits to Acuity's Amended Complaint for Declaratory Judgment, #2 Exhibit 1, #3 Exhibit A to Acuity's Amended Complaint for Declaratory Judgment, #4 Exhibit B to Acuity's Amended Complaint for Declaratory Judgment, #5 Exhibit C to Acuity's Amended Complaint for Declaratory Judgment, #6 Exhibit D to Acuity's Amended Complaint for Declaratory Judgment, #7 Text of Proposed Order)(Postel, Joseph) |
| Filing 30 NOTICE of Appearance by Brendan Ross on behalf of Plaintiff ACUITY A MUTUAL INSURANCE COMPANY. (Ross, Brendan) |
| Filing 29 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Stephen M. Brandenburg hereby notifies the Clerk of the court of changed contact information. (Brandenburg, Stephen) |
| Filing 28 NOTICE of Appearance by Joseph P. Postel on behalf of Plaintiff ACUITY A MUTUAL INSURANCE COMPANY. (Postel, Joseph) |
| Filing 27 NOTICE of Appearance by Stephen M. Brandenburg on behalf of Plaintiff ACUITY A MUTUAL INSURANCE COMPANY. (Brandenburg, Stephen) |
| Filing 26 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) |
| Filing 25 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (JRB) |
| Filing 24 Case transferred in from District of Illinois Central; Case Number 2:22-cv-02278. Original file copy of transfer order and docket sheet received. |
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Filing 23
ORDER entered by Judge Colin Stirling Bruce on 10/10/2023. Defendant Dunham's Motion to Dismiss #7 is DENIED in part and GRANTED in part. It is DENIED as to dismissal for lack of personal jurisdiction and improper venue. It is GRANTED as to the request to transfer pursuant to Section 1404(a). Dunham's request for sanctions is DENIED. The clerk is directed to transfer this matter to the Southern District of Indiana. This case is terminated. See written Order.(BMG) [Transferred from Illinois Central on 10/10/2023.]
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| Filing 22 RESPONSE to Motion re #7 MOTION to Dismiss filed by Plaintiff Acuity A Mutual Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Postel, Joseph) [Transferred from Illinois Central on 10/10/2023.] |
| Filing 21 **STRICKEN** Subpoena to be issued, filed by Acuity A Mutual Insurance Company as to EPIC Insurance.. (Ross, Brendan) Modified on 5/4/23 to show as **STRICKEN** per the 5/4/23 Text Order (TC). [Transferred from Illinois Central on 10/10/2023.] |
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ORDER STRIKING/VACATING DOCUMENT entered by Magistrate Judge Eric I. Long on 5/4/23. Per Plaintiff's counsel's request the Subpoena to Issue #21 filed by Acuity A Mutual Insurance Company is STRICKEN.(TC) [Transferred from Illinois Central on 10/10/2023.]
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Filing 20
ORDER entered by Magistrate Judge Eric I. Long on 5/2/2023. Plaintiff's Motion for Extension of Time #13 is GRANTED. Plaintiff shall respond to Defendant's Motion to Dismiss on or before August 18, 2023. See written Order.(BMG) [Transferred from Illinois Central on 10/10/2023.]
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| Filing 19 CERTIFICATE of Service/Counsel of Acuity's Initial Disclosures by Brendan C Ross on behalf of Acuity A Mutual Insurance Company (Ross, Brendan) [Transferred from Illinois Central on 10/10/2023.] |
| Filing 18 NOTICE of Service of Initial Disclosures (Hassler, Mark) [Transferred from Illinois Central on 10/10/2023.] |
| Filing 17 Acuity's Reply in Support re #13 MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss by Acuity, a Mutual Insurance Company. (BMG) [Transferred from Illinois Central on 10/10/2023.] |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 4/6/2023. Plaintiff's Motion for Leave to File Reply #16 is GRANTED. The Court directs the clerk to file the Reply attached to Plaintiff's Motion #16 . (BMG) [Transferred from Illinois Central on 10/10/2023.]
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| Filing 16 MOTION for Leave to File REPLY IN SUPPORT OF ITS MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANTS MOTION TO DISMISS, AND FOR LEAVE TO CONDUCT DISCOVERY PRIOR TO RESPONDING by Plaintiff Acuity A Mutual Insurance Company. Responses due by 3/31/2023 (Attachments: #1 Exhibit A)(Postel, Joseph) [Transferred from Illinois Central on 10/10/2023.] |
| Filing 15 Defendant's Response in Opposition to Plaintiff's Motion for Enlargement of Time and for Discovery to Respond to Defendant's Motion to Dismiss #7 by Steve Dunham. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hassler, Mark) Modified on 3/21/2023 to correct document title (BMG). [Transferred from Illinois Central on 10/10/2023.] |
| Filing 14 RESPONSE to Motion re #13 MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss filed by Defendant Steve Dunham. (Hassler, Mark) [Transferred from Illinois Central on 10/10/2023.] |
| Filing 13 MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss by Plaintiff Acuity A Mutual Insurance Company. Responses due by 3/30/2023 (Attachments: #1 Exhibit A)(Postel, Joseph) [Transferred from Illinois Central on 10/10/2023.] |
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Filing 12
TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/14/2023. The court hereby vacates the Rule 16 Scheduling Conference set for 3/20/23. The court adopts the deadlines in the Parties' Agreed Report of Rule 26(f) Planning Meeting #11 . The following deadlines are set: initial disclosures due 4/24/23, amended pleadings and joinder of parties due 8/20/23, Plaintiff's deadline to disclose experts and provide expert reports is 3/20/24, Plaintiff shall make experts available for deposition by 6/20/24, Defendant's deadline to disclose experts and provide expert reports is 4/22/24, Defendant shall make experts available for deposition by 6/20/24, discovery closes 7/22/24, case dispositive motions due 8/20/24. Final Pretrial Conference set for 1/27/25 at 10:30 AM, before Judge Colin S. Bruce, Courtroom A, Urbana. Jury Trial set for 2/11/25 at 9:00 AM, before Judge Colin S. Bruce, Courtroom A, Urbana. The court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are reminded of option of Court sponsored mediation/Settlement Conference. The Court directs the Clerk to provide the parties with a copy of the Court's consent to magistrate judge form. A telephone status conference is set for 3/11/24 at 10:00 AM, before Magistrate Judge Eric I. Long. The call-in number is 551-285-1373, then enter meeting ID 160 924 96574.(BMG) [Transferred from Illinois Central on 10/10/2023.]
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| Filing 11 REPORT of Rule 26(f) Planning Meeting by Acuity A Mutual Insurance Company. (Ross, Brendan) [Transferred from Illinois Central on 10/10/2023.] |
| Filing 10 NOTICE of Appearance of Attorney by Taryn Dissett on behalf of Steve Dunham (Dissett, Taryn) [Transferred from Illinois Central on 10/10/2023.] |
| Filing 9 NOTICE of Appearance of Attorney by Mark D. Hassler on behalf of Steve Dunham (Hassler, Mark) [Transferred from Illinois Central on 10/10/2023.] |
| Filing 8 MEMORANDUM in Support re #7 MOTION to Dismiss filed by Defendant Steve Dunham. (Kondras, Robert) [Transferred from Illinois Central on 10/10/2023.] |
| Filing 7 MOTION to Dismiss by Defendant Steve Dunham. Responses due by 3/20/2023 (Attachments: #1 Affidavit)(Kondras, Robert) [Transferred from Illinois Central on 10/10/2023.] |
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Filing 6
ORDER setting Rule 16 Scheduling Conference entered by Magistrate Judge Eric I. Long on 2/2/2023. This matter is scheduled for a Rule 16 Scheduling Conference set by personal appearance on 3/20/2023 at 9:45 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. See written Order. (BMG) [Transferred from Illinois Central on 10/10/2023.]
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| Filing 5 WAIVER OF SERVICE Returned Executed by Steve Dunham. Steve Dunham waiver sent on 1/3/2023, answer due 3/6/2023. (Kondras, Robert) [Transferred from Illinois Central on 10/10/2023.] |
| Filing 4 NOTICE of Appearance of Attorney by Robert P Kondras, Jr on behalf of Steve Dunham (Kondras, Robert) [Transferred from Illinois Central on 10/10/2023.] |
| Filing 3 NOTICE of Appearance of Attorney by Brendan C Ross on behalf of Acuity A Mutual Insurance Company (Ross, Brendan) [Transferred from Illinois Central on 10/10/2023.] |
| Filing 2 NOTICE of Appearance of Attorney by Joseph Patrick Postel on behalf of Acuity, A Mutual Insurance Company (Postel, Joseph) [Transferred from Illinois Central on 10/10/2023.] |
| Filing 1 COMPLAINT FOR RESCISSION OR, IN THE ALTERNATIVE, FOR DECLARATORY JUDGMENT ( against Dunham Construction, Steve Dunham ( Filing fee $ 402 receipt number AILCDC-4098145.), filed by Acuity, A Mutual Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Postel, Joseph) [Transferred from Illinois Central on 10/10/2023.] |
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