ERIE INSURANCE EXCHANGE v. DELL INC.
| ERIE INSURANCE EXCHANGE |
| DELL INC. |
| 4:2020cv00031 |
| February 5, 2020 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 31 AMENDED ANSWER and AFFIRMATIVE DEFENSES to Complaint, filed by DELL INC.(LBT) |
Filing 30
ORDER granting #29 Motion for Leave to Amend its Answer and Affirmative Defenses. The court directs the Clerk to docket the Amended Answer at Dkt. 29-1. Signed by Magistrate Judge Debra McVicker Lynch on 4/2/2020. (LBT)
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| Filing 29 MOTION to Amend #18 Answer to Complaint, filed by Defendant DELL INC.. (Attachments: #1 Exhibit Exhibit 1 - Amended Answer, #2 Text of Proposed Order)(Kreppein, Michael) Modified on 4/2/2020 to create entry relationship (TMC). |
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Filing 28
ORDER - #27 MOTION to Withdraw #15 MOTION to Remand Case For Lack of Subject Matter Jurisdiction is GRANTED. Plaintiffs Motion to Remand (Document #15 ) is hereby WITHDRAWN. Signed by Judge Tanya Walton Pratt on 4/1/2020. (TMC)
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| Filing 27 MOTION to Withdraw #15 MOTION to Remand Case For Lack of Subject Matter Jurisdiction , filed by Plaintiff ERIE INSURANCE EXCHANGE. (Attachments: #1 Text of Proposed Order)(Moyer, Kevin) |
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Filing 26
ORDER - #25 Motion to Withdraw #23 MOTION for Leave to File First Amended Complaint for Damages with Jury Demand is GRANTED. The Court directs to Clerk to show the Plaintiffs Motion for Leave to File First Amended Complaint for Damages with Jury Demand (Dkt. #23 ) as WITHDRAWN. Signed by Magistrate Judge Debra McVicker Lynch on 3/30/2020. (TMC)
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| Filing 25 MOTION to Withdraw #23 MOTION for Leave to File First Amended Complaint for Damages with Jury Demand , filed by Plaintiff ERIE INSURANCE EXCHANGE. (Attachments: #1 Text of Proposed Order)(Moyer, Kevin) |
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Filing 24
Order Regarding Discovery Disputes - Under Fed. R. Civ. P. 37(a)(1) and S.D. Ind. L.R. 37-1(a), counsel must confer in good faith to resolve a discovery dispute before involving the court in the dispute (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 3/26/2020.(TMC)
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| Filing 23 ***WITHDRAWN PER #26 *** MOTION for Leave to File First Amended Complaint for Damages with Jury Demand, filed by Plaintiff ERIE INSURANCE EXCHANGE. (Attachments: #1 Exhibit)(Moyer, Kevin) Modified on 3/30/2020 to edit text (TMC). |
| Filing 22 RESPONSE in Opposition re #16 MOTION to Remand Case For Lack of Subject Matter Jurisdiction , filed by Defendant DELL INC.. (Kreppein, Michael) |
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Filing 21
ORDER - CASE MANAGEMENT PLAN APPROVED AS AMENDED. Parties appeared by counsel on 3/12/2020 for an initial pretrial conference. Dispositive Motions due by 1/1/2021. Discovery due by 12/1/2020 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 3/13/2020.(TMC)
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Filing 20
Entry and Order from Initial Pretrial Conference - The parties, by counsel, appeared for an initial pretrial conference on March 12, 2020, with the magistrate judge. The case management plan submitted in this case is approved as modified by the magistrate judge in the margins of the case management plan. She further notes that the trial date the parties request is not compatible with the summary judgment deadline. Signed by Magistrate Judge Debra McVicker Lynch. (JLS)
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| Filing 18 Defendant's ANSWER to Complaint , filed by DELL INC..(Kreppein, Michael) |
| Filing 17 BRIEF/MEMORANDUM in Support re #16 MOTION to Remand Case For Lack of Subject Matter Jurisdiction , filed by Plaintiff ERIE INSURANCE EXCHANGE. (Moyer, Kevin) |
| Filing 16 MOTION to Remand Case For Lack of Subject Matter Jurisdiction, filed by Plaintiff ERIE INSURANCE EXCHANGE. (Attachments: #1 Exhibit)(Moyer, Kevin) |
| Filing 15 ***WITHDRAWN PER #28 *** MOTION to Remand Case For Lack of Subject Matter Jurisdiction, filed by Plaintiff ERIE INSURANCE EXCHANGE. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Moyer, Kevin) Modified on 4/1/2020 to edit text (TMC). |
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Filing 14
SCHEDULING ORDER - The court RESETS the starting time of the 3/12/2020 initial pretrial conference from 1:30 p.m. to 9:30 a.m. (Eastern), before Magistrate Judge Debra McVicker Lynch. All remaining provisions of the courts scheduling order at Dkt. #9 remain in effect. Signed by Magistrate Judge Debra McVicker Lynch on 3/3/2020.(TMC)
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| Filing 13 Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff ERIE INSURANCE EXCHANGE . (Moyer, Kevin) |
| Filing 12 Corporate Disclosure Statement by ERIE INSURANCE EXCHANGE. (Moyer, Kevin) |
| Filing 11 Jurisdictional Statement (Supplemental) to Notice of Removal by DELL INC.. (Attachments: #1 Exhibit Exhibit A-Quarterly Statement, #2 Exhibit Exhibit B-States of Operation, #3 Exhibit Exhibit C-Excerpts from Form 10-K)(Kreppein, Michael) |
| Filing 10 **PLEASE DISREGARD. WRONG DOCUMENT ATTACHED. SEE NO. 11 FOR CORRECTED DOCUMENT.** Jurisdictional Statement (Supplemental) to Notice of Removal by DELL INC.. (Attachments: #1 Exhibit Exhibit A-Quarterly Statement, #2 Exhibit Exhibit B-States of Operation, #3 Envelope Exhibit C-Excerpts from Form 10-K)(Kreppein, Michael) Modified on 2/24/2020 (LBT). |
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Filing 9
SCHEDULING ORDER - Telephonic Initial Pretrial Conference set for 3/12/2020 at 1:30 PM (Eastern Time) before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the courts electronic filing system with the call-in information to be used to participate in the conference. No fewer than seven days before the IPTC, counsel must file a proposed CMP (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 2/14/2020.(TMC) Modified docket text with correct hearing date on 2/21/2020 (JD).
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| Filing 8 NOTICE of Parties' First Extension of Time, filed by Defendant DELL INC.. (Kreppein, Michael) |
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Filing 7
ENTRY ON JURISDICTION - The Defendant is ORDERED to file a Supplemental Jurisdictional Statement that establishes the Courts jurisdiction over this case. This statement should specifically identify the citizenship of the Plaintiff. This jurisdictional statement is due fourteen (14) days from the date of this Entry (See Entry). Signed by Judge Tanya Walton Pratt on 2/10/2020.(TMC)
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| Filing 6 NOTICE of Appearance by Kevin L. Moyer on behalf of Plaintiff ERIE INSURANCE EXCHANGE. (Moyer, Kevin) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (TMC) |
| Filing 4 NOTICE of Supplemental Attachment, filed by Defendant DELL INC., re #1 Notice of Removal. (Attachments: #1 State Court Record) (Kreppein, Michael) |
| Filing 3 NOTICE of Appearance by Michael A. Kreppein on behalf of Defendant DELL INC.. (Kreppein, Michael) |
| Filing 2 Corporate Disclosure Statement by DELL INC. identifying Corporate Parent Denali Intermediate Inc. for DELL INC... (Kreppein, Michael) |
| Filing 1 NOTICE OF REMOVAL from Clark County Circuit Court, case number 10C02-2001-CT-000002, filed by DELL INC.. (Filing fee $400, receipt number 0756-5845147) (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B-Return of Service of Summons, #3 Exhibit C-State Court Removal, #4 Civil Cover Sheet, #5 State Court Record)(Kreppein, Michael) |
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| Plaintiff: ERIE INSURANCE EXCHANGE | |
| Represented By: | Kevin L. Moyer |
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| Defendant: DELL INC. | |
| Represented By: | Michael A. Kreppein |
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