Kroeger v. Progressive Universal Insurance Company
| Amy Kroeger |
| Progressive Universal Insurance Company |
| 4:2022cv00104 |
| March 25, 2022 |
| US District Court for the Southern District of Iowa |
| Helen C Adams |
| Stephen H Locher |
| Stephanie M Rose |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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| Filing 68 TEXT ORDER granting #65 Motion to Continue, R16 Deadlines. Dispositive Motion Deadline 8/1/2024. Final Pretrial Conference set for 2/4/2025 10:00 AM in Des Moines - Room 265 - 2nd Floor before Judge Stephen H. Locher. Jury Trial set for 2/10/2025 09:00 AM in Des Moines - Room 265 - 2nd Floor before Judge Stephen H. Locher. Estimated length: 5-10 days. Signed by Chief Magistrate Judge Helen C. Adams on 10/18/2023. (amp) |
| Filing 67 NOTICE by Progressive Universal Insurance Company re #61 Response to Motion,,,,, Notice of Supplemental Authority. (Attachments: #1 Supplemental Authority)(Cashdan, Jeffrey) Modified on 10/17/2023 (bp - Linked to pleading 49 ). |
| Filing 66 TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Status Conference held on 10/13/2023. Attorney Gold appeared for Plaintiff. Attorneys Thrall and White appeared for Defendant. Total Court Time: 11 minutes. (amp) |
| Filing 65 ***MOTION Continue Trial, Extension R16 Deadlines*** STATEMENT Joint Statement of Matters to be Discussed at October 13, 2023 Status Conference by Progressive Universal Insurance Company. (White, Allison) Modified on 10/13/2023 (amp). |
| Filing 64 TEXT ORDER granting #63 Motion for Leave to Appear Pro Hac Vice Edwin Eliu Elliot. Signed by Chief Magistrate Judge Helen C. Adams on 9/29/2023. (btg) |
| Filing 63 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5258309 Fee paid in the amount of $100. by Amy Kroeger. (Goplerud, J.) |
| Filing 62 Sealed Document re 49 SEALED MOTION for Class Certification, 60 Order on Motion for Leave to File Under Seal, Defendant's Opposition to Plaintiff's Motion for Class Certification by Progressive Universal Insurance Company. (Attachments: #1 Exhibit C: Kroell Dep., #2 Exhibit D: Bogus Dep., #3 Exhibit E: Kroell Dep., #4 Exhibit F: Walker Report, #5 Exhibit G: Lacey Volino Dep., #6 Exhibit P: Merritt Costello Dep., #7 Exhibit Q: Ryan Dep., #8 Exhibit U: Merritt Drummond Dep., #9 Exhibit X: Kroell Dep., #10 Exhibit Y: Kroell Declaration, #11 Exhibit AA: Merritt Kroeger Dep., #12 Exhibit BB: Lacey Costello Dep., #13 Exhibit CC: Lacey Kroeger Dep.)(Cashdan, Jeffrey) |
| Filing 61 RESPONSE to Motion re 49 SEALED MOTION for Class Certification Defendant's Opposition to Plaintiff's Motion for Class Certification filed by Progressive Universal Insurance Company. Replies due by 9/29/2023. (Attachments: #1 Exhibit A: Kroeger Dep. Ex. 2, #2 Exhibit B: Kroeger Dep. Ex. 3, #3 Exhibit C: Kroell Dep. Ex. 7, #4 Exhibit D: Bogus Dep., #5 Exhibit E: Kroell Dep., #6 Exhibit F: Walker Rpt., #7 Exhibit G: Lacey Volino Dep., #8 Exhibit H: Scheuren Declaration, #9 Exhibit I: Kuntz Dep., #10 Exhibit J: Holcomb Dep., #11 Exhibit K: Felix Bartee Dep., #12 Exhibit L: Felix Costello Dep., #13 Exhibit M: Felix Kroeger Dep., #14 Exhibit N: Spizzirri Rpt., #15 Exhibit O: Felix Bartee Dep., #16 Exhibit P: Merritt Costello Dep., #17 Exhibit Q: Ryan Dep., #18 Exhibit R: Kinney Rpt., #19 Exhibit S: Merritt Volino Dep., #20 Exhibit T: Felix Drummond Dep., #21 Exhibit U: Merritt Drummond Dep., #22 Exhibit V: Kroeger NADA Valuation, #23 Exhibit W: Retton Declaration, #24 Exhibit X: Kroell Dep., #25 Exhibit Y: Kroell Declaration, #26 Exhibit Z: Kroeger Dep., #27 Exhibit AA: Merritt Kroeger Dep., #28 Exhibit BB: Lacey Costello Dep., #29 Exhibit CC: Lacey Kroeger Dep.)(Cashdan, Jeffrey) |
| Filing 60 TEXT ORDER granting #59 Motion for Leave to File Under Seal. Defendant may file under seal an unredacted copy of its Opposition to Plaintiff's Motion for Class Certification and those exhibits listed in #59 motion. Signed by Chief Magistrate Judge Helen C. Adams on 9/22/2023. (amp) |
| Filing 59 MOTION for Leave to File under Seal by Progressive Universal Insurance Company.Motions referred to Helen C. Adams. Responses due by 10/5/2023. (Attachments: #1 Text of Proposed Order)(Cashdan, Jeffrey) |
Filing 58
TEXT ORDER RESETTING HEARING: The Motion Hearing regarding 49 SEALED MOTION for Class Certification is hereby continued to 11/16/2023 at 01:30 PM in Des Moines - Room 265 - 2nd Floor before Judge Stephen H. Locher. Signed by Judge Stephen H. Locher on 8/29/2023. (mm)
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| Filing 57 TEXT ORDER granting #56 Motion to Extend Deadlines and Continue Class Certification Hearing. Defendant's Expert Witness Disclosures due by 9/22/2023. Defendant's opposition to motion for class certification due by 9/22/2023. Plaintiff's reply in support of class certification due by 11/6/2023. Expert Discovery Deadline Discovery Deadline 10/30/2023. The class certification hearing set for 11/2/2023 is continued until further order of the Court. Signed by Chief Magistrate Judge Helen C. Adams on 8/28/2023. (amp) |
| Filing 56 Joint MOTION for Extension of Time For Scheduling Order/R16 Deadlines of and Continue Class Certification Hearing by Progressive Universal Insurance Company.Motions referred to Helen C. Adams. Responses due by 9/11/2023. (Attachments: #1 Text of Proposed Order)(Cashdan, Jeffrey) |
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Filing 55
TEXT ORDER SETTING HEARING regarding 49 SEALED MOTION for Class Certification filed by Amy Kroeger. A Motion Hearing will be held on 11/2/2023 at 10:30 AM in Des Moines - Room 265 - 2nd Floor before Judge Stephen H. Locher. Signed by Judge Stephen H. Locher on 8/18/2023. (mm)
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| Filing 54 Withdrawal of Attorney by Amy Judkins. (Judkins, Amy) |
| Filing 53 TEXT ORDER RESETTING STATUS CONFERENCE. Per #52 report, the parties have no issues to discuss and are on track to meet their deadlines. The telephonic status conference set for 8/4/2023 is RESET for 10/13/2023 at 10:30 AM before Chief Magistrate Judge Helen C. Adams. Counsel shall call 1-877-336-1829 and enter code 1176783. Parties shall file a status report at least 2 business days prior to the status conference. Signed by Chief Magistrate Judge Helen C. Adams on 8/2/2023. (amp) |
| Filing 52 STATEMENT of Matters to be Discussed at August 4 Status Conference (none) by Amy Kroeger. (Normand, Edmund) |
| Filing 51 TEXT ORDER granting #50 Motion for Leave to Appear Pro Hac Vice Edmund Norman. Signed by Chief Magistrate Judge Helen C. Adams on 7/12/2023. (btg) |
| Filing 50 MOTION for Leave to Appear Pro Hac Vice Receipt Number: BIASDC-5186763 Fee paid in the amount of $100. by Amy Kroeger. (Goplerud, J.) |
| Filing 48 TEXT ORDER granting #47 Motion for Leave to File Under Seal. Plaintiff may file under seal the materials specified in #47 Motion, which are included in Plaintiff's Motion for Class Certification. Signed by Chief Magistrate Judge Helen C. Adams on 7/7/2023. (amp) |
| Filing 47 Unresisted MOTION for Leave to File under Seal Plaintiff's Motion for Class Certification by Amy Kroeger.Motions referred to Helen C. Adams. Responses due by 7/21/2023. (Attachments: #1 Text of Proposed Order)(Judkins, Amy) |
| Filing 46 TEXT ORDER CANCELING STATUS CONFERENCE. Per #41 Report, the parties have no issues to discuss and are on track to meet their deadlines. Status conference set for 6/14/2023 is canceled. Signed by Chief Magistrate Judge Helen C. Adams on 6/12/2023. (amp) |
| Filing 45 TEXT ORDER granting #44 Motion for Extension of Time of R16/Scheduling Order Deadlines, granting #44 Motion to file Overlength Briefs. Plaintiffs Expert Witness Disclosures due by 7/7/2023. Plaintiff's motion for class certification due by 7/7/2023. Defendants Expert Witness Disclosures due by 9/8/2023. Defendant's opposition to motion for class certification due by 9/8/2023. Plaintiff's reply in support of class certification due by 10/23/2023. All other deadlines remain as previously set. Plaintiff's Motion for Class Certification and Defendant's opposition brief may be up to 30 pages in length each and Plaintiff's reply in support of class certification may be up to 10 pages in length. Signed by Chief Magistrate Judge Helen C. Adams on 6/12/2023. (amp) |
| Filing 44 ***MOTION to Extend R16 Deadlines*** Joint MOTION FOR EXPEDITED RELIEF PURSUANT TO LOCAL RULE 7(i) TO MODIFY THE AMENDED SCHEDULING ORDER AND TO FILE CLASS CERTIFICATION BRIEFING IN EXCESS OF THE LIMITATIONS SET FORTH IN LOCAL RULES 7(g) AND (h) by Amy Kroeger.Motions referred to Helen C. Adams. Responses due by 6/26/2023. (Attachments: #1 Text of Proposed Order)(Shamis, Andrew) Modified on 6/12/2023 (amp). |
| Filing 43 TEXT ORDER granting #42 Motion for Leave to Appear Pro Hac Vice Chris Gold. Signed by Chief Magistrate Judge Helen C. Adams on 6/12/2023. (btg) |
| Filing 42 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5166224 Fee paid in the amount of $100. by Amy Kroeger. (Marty, Brian) |
| Filing 41 STATUS REPORT (Joint Statement of Matters to be Discussed at June 14 Status Conference [none]) by Amy Kroeger. (Judkins, Amy) |
| Filing 40 TEXT ORDER CANCELING STATUS CONFERENCE. Per 37 Report, the parties have no issues to discuss and are on track to meet their deadlines. The telephonic status conference set for 4/5/2023 is canceled. Signed by Chief Magistrate Judge Helen C. Adams on 4/3/2023. (amp) |
| Filing 39 STATEMENT (Joint Statement of Matters to be Discussed at April 5 Status Conference [none]) by Amy Kroeger. (Judkins, Amy) |
| Filing 38 TEXT ORDER CANCELING STATUS CONFERENCE. In light of the 1/26/2023 status conference, the Status Conference set for 2/6/2023 is canceled. Signed by Chief Magistrate Judge Helen C. Adams on 1/26/2023. (amp) |
| Filing 37 TEXT ORDER granting as revised #34 Motion to Continue. Deadline for completion of fact discovery 5/18/2023. Motions to compel due by 5/18/2023. Plaintiffs Expert Witness Disclosures due by 6/14/2023. Plaintiff's motion for class certification due by 6/14/2023. Defendants Expert Witness Disclosures due by 8/14/2023. Defendant's opposition to motion for class certification due by 8/14/2023. Plaintiff's reply in support of class certification due by 9/25/2023. Expert Discovery Deadline Discovery Deadline 9/13/2023. Dispositive Motion Deadline 12/7/2023. Final Pretrial Conference set for 4/25/2024 11:00 AM in Des Moines - Room 265 - 2nd Floor before Judge Stephen H. Locher. Jury Trial set for 5/13/2024 09:00 AM in Des Moines - Room 265 - 2nd Floor before Judge Stephen H. Locher. Estimated length: 5 days. Signed by Chief Magistrate Judge Helen C. Adams on 1/26/2023. (amp) |
| Filing 36 TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Status Conference held on 1/26/2023. Attorneys Goplerud and Judkins appeared for Plaintiff. Attorneys Thrall, White, and Barrett appeared for Defendant. Status of the case discussed. Orders to follow. Total Court Time: 7 minutes. (amp) |
| Filing 35 TEXT ORDER SETTING STATUS CONFERENCE. Telephonic Status Conference re: #34 Joint Motion to Continue Trial set for 1/26/2023 at 10:30 AM before Chief Magistrate Judge Helen C. Adams. Counsel shall call 1-877-336-1829 and enter code 1176783. Signed by Chief Magistrate Judge Helen C. Adams on 1/19/2023. (amp) |
| Filing 34 Joint MOTION to Continue TRIAL AND AMEND SCHEDULING ORDER by Amy Kroeger.Motions referred to Helen C. Adams. Responses due by 2/1/2023. (Attachments: #1 Text of Proposed Order)(Shamis, Andrew) |
| Filing 33 TEXT ORDER CANCELING STATUS CONFERENCE. Per the #32 Report, the Parties are on track and have no issues to discuss. The Status Conference set for 12/2/2022 is canceled. Signed by Chief Magistrate Judge Helen C. Adams on 11/30/2022. (amp) |
| Filing 32 STATEMENT (Joint Statement of Matters to be Discussed at Dec. 2 Status Conference [none]) by Amy Kroeger. (Judkins, Amy) |
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Filing 31
ORDER GOVERNING DISCOVERY OF ELECTRONICALLY STORED INFORMATION. Signed by Chief Magistrate Judge Helen C. Adams on 10/7/2022. (amp)
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| Filing 30 PROTECTIVE ORDER. Signed by Chief Magistrate Judge Helen C. Adams on 10/7/2022. (amp) |
| Filing 29 Unresisted MOTION for Protective Order Entry of Stipulated Confidentiality Order by Progressive Universal Insurance Company.Motions referred to Helen C. Adams. Responses due by 10/20/2022. (Attachments: #1 Proposed Stipulated Confidentiality Order, #2 Motion for Entry of Stipulated Order Governing Discovery of Electronically Stored Information, #3 Proposed Stipulated Order Governing Discovery of Electronically Stored Information)(Thrall, Michael) |
| Filing 28 TEXT ORDER CANCELING STATUS CONFERENCE. Per #27 Report, the Parties are on track to meet their deadlines and have no issues to discuss with the Court. The Status Conference set for 10/4/2022 is canceled. Signed by Chief Magistrate Judge Helen C. Adams on 10/3/2022. (amp) |
| Filing 27 STATEMENT of the Matters to be Discussed at October 4th Status Conference (Joint) by Amy Kroeger. (Judkins, Amy) |
| Judge Stephen H. Locher added. Chief Judge Stephanie M. Rose no longer assigned to case., Set/Reset Hearings: Jury Trial set for 2/12/2024 - 02/16/2024 at 09:00 AM in Des Moines Courthouse before Judge Stephen H. Locher. ***This is a change in judicial officer only*** (kjw) |
| Filing 26 TEXT ORDER granting #24 Motion for Leave to Appear Pro Hac Vice Joseph Henry (Hank) Bates, III; granting #25 Motion for Leave to Appear Pro Hac Vice Edwin Lee Lowther, III. Signed by Chief Magistrate Judge Helen C. Adams on 7/28/2022. (kjw) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4883830 Fee paid in the amount of $100. by Amy Kroeger. (Lowther, Edwin) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4883758 Fee paid in the amount of $100. by Amy Kroeger. (Bates, Joseph) |
| Filing 23 TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Scheduling Conference held on 7/6/2022. Attorneys J. Barton Goplerud and Jacob Phillips appeared for Plaintiff. Attorneys Michael Thrall and Julia Barret appeared for Defendants. Status of the case discussed. Separate orders to follow. Total Court Time: 13 minutes. (jsa) |
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Filing 22
ORDER REGARDING FINAL PRETRIAL CONFERENCE REQUIREMENTS. See Order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 7/6/2022. (Attachments: #1 Supplement Fillable final pretrial conference order, #2 Supplement JERS Instructions) (jsa)
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Filing 21
ORDER SETTING STATUS CONFERENCES: Status Conferences are set for 10/4/2022, 12/2/2022, 2/6/2023, 4/5/2023, 6/14/2023, and 8/4/2023 at 10:00 AM before Chief Magistrate Judge Helen C. Adams. Counsel shall call 1-877-336-1829 and enter code 1176783. See Order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 7/6/2022. (jsa)
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Filing 20
ORDER adopting #16 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN: Initial Disclosures Deadline 7/8/2022. Motions to Add Parties due by 8/23/2022. Motions to Amend Pleadings due by 8/23/2022. Deadline for completion of fact discovery 2/2/0/2023. Plaintiffs Expert Witness Disclosures due by 3/9/2023. Plaintiff's motion for class certification due by 4/10/2023. Defendants Expert Witness Disclosures due by 4/24/2023. Defendant's opposition to motion for class certification due by 5/24/2023. Plaintiff's reply in support of class certification due by 6/15/2023. Expert Discovery Deadline 6/1/2023. Dispositive Motion Deadline 9/8/2023. Final Pretrial Conference set for 1/10/2024 at 10:00 AM in Des Moines Courthouse before Chief Magistrate Judge Helen C. Adams. Jury Trial set for 2/12/2024 at 09:00 AM in Des Moines Courthouse before Chief Judge Stephanie M. Rose. Estimated length of trial 5 days. Signed by Chief Magistrate Judge Helen C. Adams on 7/6/2022. (jsa) Modified on 7/6/2022 (jsa).
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| Filing 19 TEXT ORDER granting #17 Motion for Leave to Appear Pro Hac Vice Amy L. Judkins. Signed by Chief Magistrate Judge Helen C. Adams on 7/1/2022. (kjw) |
| Filing 18 TEXT ORDER: A Scheduling Conference is set for 7/6/2022 at 10:30 AM before Chief Magistrate Judge Helen C. Adams. Counsel shall call 1-877-336-1829 and enter code 1176783. Signed by Chief Magistrate Judge Helen C. Adams on 6/28/2022. (jsa) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4851791 Fee paid in the amount of $100. by Amy Kroeger. (Goplerud, J.) |
| Filing 16 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN . (Shamis, Andrew) |
| Filing 15 TEXT ORDER granting #8 Motion for Leave to Appear Pro Hac Vice Allison Hill White; granting #9 Motion for Leave to Appear Pro Hac Vice Julia C. Barrett; granting #10 Motion for Leave to Appear Pro Hac Vice James Matthew Brigman; granting #11 Motion for Leave to Appear Pro Hac Vice Jeffrey S. Cashdan; granting #12 Motion for Leave to Appear Pro Hac Vice Zachary A. McEntyre. Signed by Chief Magistrate Judge Helen C. Adams on 6/3/2022. (btg) |
| Filing 14 Corporate Disclosure/Statement of Interest by Progressive Universal Insurance Company. (Thrall, Michael) |
| Filing 13 ANSWER to Complaint by Progressive Universal Insurance Company.(Thrall, Michael) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4835544 Fee paid in the amount of $100. by Progressive Universal Insurance Company. (Thrall, Michael) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4835540 Fee paid in the amount of $100. by Progressive Universal Insurance Company. (Thrall, Michael) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4835538 Fee paid in the amount of $100. by Progressive Universal Insurance Company. (Thrall, Michael) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4835533 Fee paid in the amount of $100. by Progressive Universal Insurance Company. (Thrall, Michael) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4835523 Fee paid in the amount of $100. by Progressive Universal Insurance Company. (Thrall, Michael) |
| Filing 7 NOTICE of Appearance by Michael W. Thrall on behalf of Progressive Universal Insurance Company (Thrall, Michael) |
| Filing 6 TEXT ORDER granting #5 Motion for Leave to Appear Pro Hac Vice Andrew J. Shamis. Signed by Chief Magistrate Judge Helen C. Adams on 5/24/2022. (kjw) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-4827259 Fee paid in the amount of $100. by Amy Kroeger. (Goplerud, J.) |
| Filing 4 WAIVER OF SERVICE Returned Executed filed by Amy Kroeger; Progressive Universal Insurance Company waiver served on 4/4/2022, answer due 6/3/2022. (Marty, Brian) |
| Filing 3 Summons/Corporate Disclosure Packet Note: Counsel should download the attached summons and/or corporate disclosure packet, if applicable. In compliance with Rule 4 of the Rules of Civil Procedure for summons and Local Rule 7.1 for the disclosure statements. (Attachments: #1 7.1 packet) (kjw) |
| Filing 2 Errata Corrected Signature Page re #1 Complaint, filed by Amy Kroeger. (Marty, Brian) |
| Filing 1 COMPLAINT against PROGRESSIVE UNIVERSAL INSURANCE COMPANY Filing fee paid in the amount of $ 402, receipt number AIASDC-4773272., filed by Amy Kroeger. Notice of Dismissal for lack of Service deadline set for 6/23/2022. Rule 16 Notice of Dismissal set for 6/23/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Marty, Brian) |
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