AMERICAN FAMILY MUTUAL INSURANCE COMPANY S.I. v. CLAAS OF AMERICA, INC. et al
Plaintiff: AMERICAN FAMILY INSURANCE, as Subrogee of David Lee d/b/a Lees Legacy Farm Equipment Limited Partnership, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, S.I. Substituted as Plaintiff on as Subrogee of David Lee doing business as LEES' LEGACY FARM EQUIPMENT LIMITED PARTNERSHIP and AMERICAN FAMILY INSURANCE as Subrogee of David Lee doing business as LEES' LEGACY FARM EQUIPMENT LIMITED PARTNERSHIP
Defendant: WHAYNE SUPPLY COMPANY and CLAAS OF AMERICA, INC.
Case Number: 4:2020cv00157
Filed: July 9, 2020
Court: US District Court for the Southern District of Indiana
Presiding Judge: Sarah Evans Barker
Referring Judge: Debra McVicker Lynch
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 2, 2020 Opinion or Order Filing 27 ORDER GRANTING DEFENDANT CLAAS OF AMERICA, INC.S MOTION TO DISMISS, IN PART, PLAINTIFFS COMPLAINT PURSUANT TO Fed.R.Civ.P. 41(a)(2) - #26 . The Court, being duly advised, and pursuant to Fed. R. Civ. P. 41(a)(2) hereby dismisses in part the negligence, strict liability, and failure to warn claims set forth in Plaintiffs Complaint against Claas of America, Inc. with regards to the Combine, and Plaintiffs implied warranty claims against Claas of America, Inc (See Order). Signed by Judge Sarah Evans Barker on 9/2/2020. (TMC)
August 26, 2020 Filing 26 STIPULATION of Dismissal to Partially Dismiss Claims Pursuant to Fed.R.Civ.P. 41(a)(2), as to Defendant CLAAS OF AMERICA, INC., Plaintiff AMERICAN FAMILY MUTUAL INSURANCE COMPANY, S.I., filed by CLAAS OF AMERICA, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Okenfuss, Judith)
August 26, 2020 Opinion or Order Filing 24 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Parties appeared by counsel on 8/25/2020 for an initial pretrial conference. Dispositive Motions due by 6/10/2021. Discovery due by 5/10/2021 (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 8/25/2020.(TMC)
August 26, 2020 Opinion or Order Filing 23 Entry and Order from Initial Pretrial Conference - The parties, by counsel, appeared for an initial pretrial conference on August 25, 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. This case is set for a telephone status conference on December 15, 2020, at 9:30 a.m. (Eastern), with 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. Signed by Magistrate Judge Debra McVicker Lynch. (JLS)
August 25, 2020 Opinion or Order Filing 25 ORDER granting #14 Motion to Substitute Party. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, S.I. added. AMERICAN FAMILY INSURANCE (as Subrogee of David Lee) terminated. Signed by Judge Sarah Evans Barker on 8/25/2020. (TMC)
August 18, 2020 Filing 21 Submission of Signature Requirement re #20 Case Management Plan Tendered by by All Plaintiffs. (Dismukes, Nicholas)
August 17, 2020 Filing 20 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff AMERICAN FAMILY INSURANCE . (Dismukes, Nicholas)
August 13, 2020 Filing 19 ANSWER to Complaint and Affirmative Defenses, filed by CLAAS OF AMERICA, INC..(Dewey, Sean)
August 13, 2020 Filing 18 BRIEF/MEMORANDUM in Support re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Fed. R. Civ. P. 12(b)(6), filed by Defendant CLAAS OF AMERICA, INC.. (Attachments: #1 Exhibit A-Customer Delivery Report & Warranty Statement)(Dewey, Sean)
August 13, 2020 Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant CLAAS OF AMERICA, INC.. (Dewey, Sean)
August 10, 2020 Filing 16 Statement in Response to Defendant Claas of America, Inc.'s Notice of Removal Pursuant to L.R. 81-1(b) by AMERICAN FAMILY INSURANCE. (Dismukes, Nicholas)
August 10, 2020 Filing 15 Corporate Disclosure Statement by AMERICAN FAMILY INSURANCE naming AmFam Holdings, Inc., American Family Mutual Insurance Company, S.I., American Family Insurance Mutual Holding Company as corporate parents (Dismukes, Nicholas) Modified on 8/11/2020 to add corporate parents and edit docket text(TMC).
July 28, 2020 Filing 14 MOTION to Substitute Party Motion to Substitute Correct Name of Plaintiff and Amend Pleadings by Interlineation, filed by Plaintiff AMERICAN FAMILY INSURANCE. (Attachments: #1 Text of Proposed Order proposed Order Granting American Family's Motion to Substitute)(Dismukes, Nicholas)
July 15, 2020 Filing 13 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, James C. Wade hereby notifies the Clerk of the court of changed contact information. (Wade, James)
July 15, 2020 Opinion or Order Filing 12 SCHEDULING ORDER - Telephonic Initial Pretrial Conference set for 8/25/2020 at 2:00 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 7/15/2020.(TMC)
July 14, 2020 Filing 11 ANSWER to Complaint (Notice of Removal) with Jury Demand , filed by WHAYNE SUPPLY COMPANY.(Wade, James)
July 14, 2020 Filing 10 NOTICE OF CONSENT TO REMOVAL, filed by Defendant WHAYNE SUPPLY COMPANY, re #1 Notice of Removal. (Wade, James)
July 14, 2020 Filing 9 Corporate Disclosure Statement by WHAYNE SUPPLY COMPANY identifying Corporate Parent R&N Holdings, LLC for WHAYNE SUPPLY COMPANY.. (Wade, James)
July 14, 2020 Filing 8 NOTICE of Appearance by James C. Wade on behalf of Defendant WHAYNE SUPPLY COMPANY. (Wade, James)
July 10, 2020 Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (TMC)
July 9, 2020 Filing 6 NOTICE of Parties' First Extension of Time, filed by Defendant CLAAS OF AMERICA, INC.. (Dewey, Sean)
July 9, 2020 Filing 5 NOTICE Certificate of Compliance with Notice of Removal Procedures, filed by Defendant CLAAS OF AMERICA, INC. (Dewey, Sean)
July 9, 2020 Filing 4 Corporate Disclosure Statement by CLAAS OF AMERICA, INC. identifying Corporate Parent CLAAS North America Holdings Inc. for CLAAS OF AMERICA, INC... (Dewey, Sean)
July 9, 2020 Filing 3 NOTICE of Appearance by Judith S. Okenfuss on behalf of Defendant CLAAS OF AMERICA, INC.. (Okenfuss, Judith)
July 9, 2020 Filing 2 NOTICE of Appearance by Sean Tyler Dewey on behalf of Defendant CLAAS OF AMERICA, INC.. (Dewey, Sean)
July 9, 2020 Filing 1 NOTICE OF REMOVAL from Washington County Circuit Court, case number 88C01-2006-PL-000252, filed by CLAAS OF AMERICA, INC.. (Filing fee $400, receipt number 0756-6068712) (Attachments: #1 Exhibit A-Certificate, #2 Exhibit B-Entity Report, #3 Exhibit C-Annual Report, #4 State Court Record Docket, Appearance, Complaint, Summons x2, Certificate x2, Proof x2, #5 Exhibit E-Complaint, #6 Civil Cover Sheet)(Dewey, Sean)

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Defendant: WHAYNE SUPPLY COMPANY
Represented By: James C. Wade
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Defendant: CLAAS OF AMERICA, INC.
Represented By: Judith S. Okenfuss
Represented By: Sean Tyler Dewey
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Plaintiff: AMERICAN FAMILY INSURANCE, as Subrogee of David Lee d/b/a Lees Legacy Farm Equipment Limited Partnership
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Plaintiff: AMERICAN FAMILY MUTUAL INSURANCE COMPANY, S.I. Substituted as Plaintiff on as Subrogee of David Lee doing business as LEES' LEGACY FARM EQUIPMENT LIMITED PARTNERSHIP
Represented By: Nicholas R. Dismukes
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Plaintiff: AMERICAN FAMILY INSURANCE as Subrogee of David Lee doing business as LEES' LEGACY FARM EQUIPMENT LIMITED PARTNERSHIP
Represented By: Nicholas R. Dismukes
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