Goldsmith et al v. American Strategic Insurance Corp. et al
| Jonathan B. Goldsmith and Monica A. Goldsmith |
| American Strategic Insurance Corp., Sunshine Security Insurance Agency, Inc., Freedom Mortgage Corporation, Does 1-100 and Roes 1 - 100 |
| 3:2023cv00033 |
| May 16, 2023 |
| US District Court for the Southern District of Iowa |
| Helen C Adams |
| Stephen H Locher |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 40 ANSWER to #31 Amended Complaint by American Strategic Insurance Corp..(O'Brien, Sean) |
| Filing 39 ANSWER to #31 Amended Complaint by Sunshine Security Insurance Agency, Inc..(O'Brien, Sean) |
Filing 38
ORDER SETTING STATUS CONFERENCES. Telephonic Status Conferences set at 10:30 AM for 10/11/2023, 12/6/2023, and 2/16/2024 before Chief Magistrate Judge Helen C. Adams. Counsel shall call 1-877-336-1829 and enter code 1176783. Parties shall file a status report in accordance with this Order at least 2 business days prior to each status conference. Signed by Chief Magistrate Judge Helen C. Adams on 7/6/2023. (amp)
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Filing 37
ORDER REGARDING FINAL PRETRIAL CONFERENCE REQUIREMENTS. See Order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 7/6/2023. (Attachments: #1 Supplement Fillable FPTO, #2 Supplement JERS) (amp)
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Filing 36
ORDER adopting as revised #26 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN: Initial Disclosures Deadline 8/7/2023. Motions to Add Parties due by 8/25/2023. Motions to Amend Pleadings due by 8/25/2023. Plaintiffs Expert Witness Disclosures due by 9/25/2023. Defendants Expert Witness Disclosures due by 11/24/2023. Plaintiffs Rebuttal Witness Disclosures due by 12/22/2023. Discovery Deadline 2/16/2024. Dispositive Motion Deadline 3/5/2024. Final Pretrial Conference set for 7/22/2024 at 10:00 AM in Davenport Courthouse before Chief Magistrate Judge Helen C. Adams. Jury Trial set for 8/5/2024 at 09:00 AM in Davenport Courthouse before Chief Magistrate Judge Helen C. Adams. Estimated length: 5 days. Signed by Chief Magistrate Judge Helen C. Adams on 7/6/2023. (amp)
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| Filing 35 TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Scheduling Conference held on 7/6/2023. Plaintiff Jonathan Goldsmith attended. Plaintiff Monica Goldsmith did not attend as permitted by 34 . Attorney O'Brien appeared on behalf of Defendants. Status of the case discussed. Orders to follow. Total Court Time: 15 minutes. (Court Reporter Chelsey Wheeler.) (amp) |
| Filing 34 TEXT ORDER granting in part #32 Motion to Continue/Waive Appearance. The Court waives Plaintiff Monica Goldsmith's appearance at the 7/6/2023 telephonic scheduling conference for the reasons stated in the motion and because Plaintiff Jonathan Goldsmith will be in attendance. Signed by Chief Magistrate Judge Helen C. Adams on 7/5/2023. (amp) |
| Filing 33 REPLY re #32 MOTION to Continue Scheduling Conference filed by American Strategic Insurance Corp., Sunshine Security Insurance Agency, Inc..(O'Brien, Sean) |
| Filing 32 MOTION to Continue Scheduling Conference by Jonathan B. Goldsmith, Monica A. Goldsmith. Responses due by 7/17/2023. (Attachments: #1 Affidavit Affidavit of Monica Goldsmith)(Goldsmith, Jonathan) |
| Filing 31 SECOND AMENDED COMPLAINT against All Defendants filed by Monica A. Goldsmith, Jonathan B. Goldsmith. (mm) |
| Filing 30 Corporate Disclosure/Statement of Interest by Sunshine Security Insurance Agency, Inc.. (O'Brien, Sean) |
| Chief Magistrate Judge Helen C. Adams added. Chief Magistrate Judge Helen C. Adams as referral judge and Judge Stephen H. Locher no longer assigned to case. (kjw) |
| Filing 29 WITHDRAWAL OF DOCUMENT by Jonathan B. Goldsmith, Monica A. Goldsmith #13 Motion for Preliminary Injunction,. (Goldsmith, Jonathan) |
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Filing 28
ORDER AMENDING PRIOR RULING ON MOTION FOR PRELIMINARY INJUNCTION AND REFERRING CASE. See Order for particulars. Signed by Judge Stephen H. Locher on 6/27/2023. (mm)
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| Filing 27 TEXT ORDER SETTING SCHEDULING CONFERENCE.Telephonic Scheduling Conference set for 7/6/2023 11:30 AM before Chief Magistrate Judge Helen C. Adams. Plaintiffs and defense counsel shall call 1-877-336-1829 and enter code 1176783. Signed by Chief Magistrate Judge Helen C. Adams on 6/27/2023. (amp) |
| Filing 26 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN AND CONSENT TO PROCEED BEFORE A MAGISTRATE . (Attachments: #1 Discovery Procedures)(O'Brien, Sean) |
| Filing 25 NOTICE of Voluntary Dismissal filed by Monica A. Goldsmith, Jonathan B. Goldsmith dismissing party Freedom Mortgage Corporation. (Goldsmith, Jonathan) |
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Filing 24
***VACATED per Order #28 *** TEXT ORDER: In light of #22 Notice of Settlement, #13 Motion for Preliminary Injunction is DENIED AS MOOT. The Motion Hearing set for 7/18/2023 is hereby canceled. Signed by Judge Stephen H. Locher on 6/23/2023. (mm) Modified on 7/11/2023 (kjw).
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| Filing 23 TEXT ORDER granting #15 Motion for Leave to File as the remaining defendants do not resist the motion, see #21 . Clerk shall detach and file Plaintiffs' Second Amended Complaint, ECF No. 15-2. Signed by Chief Magistrate Judge Helen C. Adams on 6/23/2023. (amp) |
| Filing 22 NOTICE of Settlement by Jonathan B. Goldsmith, Monica A. Goldsmith. (Goldsmith, Jonathan) |
| Filing 21 RESPONSE to Motion re #15 MOTION for Leave to File Amended Complaint filed by American Strategic Insurance Corp., Sunshine Security Insurance Agency, Inc.. Replies due by 6/28/2023.(Kenkel, Benjamin) |
| Filing 20 RESPONSE to Motion re #13 MOTION for Preliminary Injunction filed by American Strategic Insurance Corp., Sunshine Security Insurance Agency, Inc.. Replies due by 6/28/2023. (Attachments: #1 Exhibit Certified Policy, #2 Exhibit Email Exchange)(Kenkel, Benjamin) |
| Set Deadlines/Hearings: Corporate Disclosure Statement deadline of 7/6/2023 set for defendant Sunshine Security Insurance Agency. (mm) |
| Filing 19 TEXT ORDER granting #18 Motion for Extension. By 7/15/2023, Defendant Freedom Mortgage shall answer or otherwise respond to Plaintiffs' complaint. No further extensions will be granted. Signed by Chief Magistrate Judge Helen C. Adams on 6/15/2023. (amp) |
| Filing 18 Second MOTION for Extension of Time to File UNOPPOSED by Freedom Mortgage Corporation.Motions referred to Helen C. Adams. Responses due by 6/29/2023. (Moeller, Daniel) |
| Filing 17 Answer to Complaint (Notice of Removal) by Sunshine Security Insurance Agency, Inc..(Kenkel, Benjamin) |
| Filing 16 NOTICE of Appearance by Benjamin J. Kenkel on behalf of American Strategic Insurance Corp. (Kenkel, Benjamin) |
| Filing 15 MOTION for Leave to File Amended Complaint by Jonathan B. Goldsmith, Monica A. Goldsmith.Motions referred to Helen C. Adams. Responses due by 6/22/2023. (Attachments: #1 Brief in Support Brief in Support of Motion, #2 Exhibit Draft Second Amended Complaint, #3 Affidavit Affidavit of Jonathan Goldsmith, #4 Affidavit Affidavit of Monica Goldsmith, #5 Text of Proposed Order Proposed Order)(Goldsmith, Jonathan) |
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Filing 14
TEXT ORDER SETTING HEARING re #13 Motion for Preliminary Injunction by Plaintiffs. A Motion Hearing is set for 7/18/2023 at 9:00 AM in Des Moines - Room 265 - 2nd Floor - Video Proceeding before Judge Stephen H. Locher. The hearing will be held via zoom. Chambers will contact representatives with login information. Signed by Judge Stephen H. Locher on 6/8/2023. (lcw)
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| Filing 13 MOTION for Preliminary Injunction by Jonathan B. Goldsmith, Monica A. Goldsmith. Responses due by 6/21/2023. (Attachments: #1 Brief in Support Brief in Support of Motion, #2 Affidavit Affidavit of Jonathan Goldsmith, #3 Affidavit Affidavit of Monica Goldsmith, #4 Text of Proposed Order Proposed Order)(Goldsmith, Jonathan) |
| Filing 12 Corporate Disclosure/Statement of Interest by Freedom Mortgage Corporation. (Moeller, Daniel) |
| Filing 11 NOTICE of Appearance by Daniel L. Moeller on behalf of Freedom Mortgage Corporation (Moeller, Daniel) |
| Filing 10 Corporate Disclosure/Statement of Interest by American Strategic Insurance Corp.. (O'Brien, Sean) |
| Filing 9 TEXT ORDER. Pursuant to LR 5A, the Court grants #8 Plaintiffs pro se motion for permission to file documents electronically. Plaintiffs must comply with all Federal and Local Rules, including those governing Electronic Filing and Electronic Access to Case Files. A copy of the Local Rules and other filing materials are available on the Court's website and from the Clerk of Court. Plaintiffs shall contact the Clerks Office, 515-284-6385, to set up an account for electronic filing. Signed by Chief Magistrate Judge Helen C. Adams on 5/31/2023. (amp) |
| Filing 8 MOTION for Leave to File Electronically VIA ECF System Pursuant to LR 5(c) by Jonathan B. Goldsmith, Monica A. Goldsmith. Motion referred to Helen C. Adams. Responses due by 6/13/2023. (bp) |
| Filing 7 DEMAND for Trial by Jury by Jonathan B. Goldsmith, Monica A. Goldsmith. (bp) |
| Filing 6 NOTICE of Change of Address by Jonathan B. Goldsmith, Monica A. Goldsmith. (bp) |
| Filing 5 Answer to Complaint (Notice of Removal) by American Strategic Insurance Corp.. (Attachments: #1 Exhibit Certified Policy)(O'Brien, Sean) |
| Filing 4 TEXT ORDER granting [2 ] Motion for Extension of Time to File. By 6/15/2023, Defendant Freedom Mortgage shall answer or otherwise respond to Plaintiffs' complaint. Signed by Chief Magistrate Judge Helen C. Adams on 5/18/2023. (amp) |
| Filing 3 Corporate Disclosure Packet Note: Counsel should download the attached corporate disclosure packet, if applicable. In compliance with Local Rule 7.1 for the disclosure statements. Corporate Disclosure Statement deadline set for defendant 6/7/2023. (bp) |
| Filing 2 MOTION for Extension of Time to File Answer filed in the Iowa District Court for Johnson County on May 15, 2023, by Freedom Mortgage Corporation. Motion referred to Helen C. Adams. (bp) |
| Filing 1 NOTICE OF REMOVAL by American Strategic Insurance Corp. from Johnson, case number CVCV084278. Filing fee paid in the amount of $ 402, receipt number AIASDC-5143350., filed by American Strategic Insurance Corp.. Rule 16 Notice of Dismissal set for 8/14/2023. (Attachments: #1 Exhibit State Court Pleadings, #2 Exhibit Pending Motion and Order)(O'Brien, Sean) |
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