West Bend Mutual Insurance Company v. Continuum Health Care Services, LC et al
Plaintiff: West Bend Mutual Insurance Company
Defendant: Continuum Health Care Services, LC doing business as Continuum Health Care Services, Continuum Health Care Inc. doing business as Continuum Health Care Services, Continuum Health Care Personnel Services, Inc. doing business as Continuum Health Care Services, Schmidt Brenda, Kathleen Klimesh, Kayla Jean Riesberg, Todd Lawrence Riesberg and Brenda Schmidt
Case Number: 4:2023cv00205
Filed: June 16, 2023
Court: US District Court for the Southern District of Iowa
Presiding Judge: Rebecca Goodgame Ebinger
Referring Judge: William P Kelly
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 2201 Declaratory Judgement (Insurance)
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2023 Filing 26 Corporate Disclosure/Statement of Interest by Continuum Health Care Services, LC. (Yung, Brian)
August 2, 2023 Opinion or Order Filing 25 TEXT ORDER SETTING SCHEDULING CONFERNECE: A Telephonic Scheduling Conference shall be held on 8/29/2023 at 10:00 AM before Magistrate Judge William P. Kelly. Counsel shall call 1-877-411-9748 and enter code 1376500 at the prompt to join the call. The parties shall file a proposed scheduling order and discovery plan as provided under L.R. 16 by 8/22/2023. Signed by Magistrate Judge William P. Kelly on 8/2/2023. (rls)
August 2, 2023 Set Deadlines/Hearings: Corporate Disclosure Statement deadline set for defendant, Continuum Health Care Services, LC due 8/21/2023. (kjw)
July 31, 2023 Filing 24 ANSWER to AMENDED Complaint #21 by Continuum Health Care Services, LC, Kathleen Klimesh, Brenda Schmidt.(Yung, Brian) Modified on 8/2/2023 corrected text and link (kjw).
July 27, 2023 Filing 23 Defendant Kayla Riesberg and Todd Riesberg's ANSWER to Complaint , ANSWER to #1 Complaint,, #21 Amended Complaint by Kayla Jean Riesberg.(Stoltze, John)
July 27, 2023 Filing 22 NOTICE of Appearance by John Quentin Stoltze on behalf of Kayla Jean Riesberg, Todd Lawrence Riesberg (Stoltze, John)
July 24, 2023 Filing 21 AMENDED COMPLAINT against Continuum Health Care Services, LC, Kathleen Klimesh, Kayla Jean Riesberg, Todd Lawrence Riesberg, and Brenda Schmidt, filed by West Bend Mutual Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (kjs)
July 24, 2023 Filing 20 NOTICE of Appearance by Brian L. Yung on behalf of Continuum Health Care Services, LC, Kathleen Klimesh, Brenda Schmidt (Yung, Brian)
July 20, 2023 Opinion or Order Filing 19 TEXT ORDER granting #16 Motion for Leave to File Amended Complaint. The Clerk of Court shall detach and file Plaintiff's Amended Complaint for Declaratory Judgment and corresponding exhibits, ECF Nos. 16-1, 16-2, and 16-3. Signed by Magistrate Judge William P. Kelly on 7/20/2023. (rls)
July 19, 2023 Filing 18 ANSWER to Complaint by Continuum Health Care Services, LC, Kathleen Klimesh, Brenda Schmidt.(Cochrane, Stuart)
July 19, 2023 Filing 17 NOTICE of Voluntary Dismissal filed by West Bend Mutual Insurance Company dismissing party Continuum Health Care Inc., Continuum Health Care Personnel Services, Inc.. (Wallrichs, Brenda)
July 19, 2023 Filing 16 MOTION for Leave to File Amended Complaint by West Bend Mutual Insurance Company.Motions referred to William P. Kelly. Responses due by 8/2/2023. (Attachments: #1 Amended Complaint for Declaratory Judgment, #2 Exhibit A, #3 Exhibit B)(Wallrichs, Brenda)
July 19, 2023 Filing 15 NOTICE of Appearance by Stuart J Cochrane on behalf of Continuum Health Care Services, LC, Kathleen Klimesh, Brenda Schmidt (Cochrane, Stuart)
July 17, 2023 Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by West Bend Mutual Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wallrichs, Brenda) Modified on 7/19/2023 to add link to #6 Order to Show Cause (kjs).
July 12, 2023 Filing 13 SUMMONS Returned Executed by West Bend Mutual Insurance Company. Kathleen Klimesh served on 6/28/2023, answer due 7/19/2023. (Wallrichs, Brenda)
July 12, 2023 Filing 12 SUMMONS Returned Executed by West Bend Mutual Insurance Company. Continuum Health Care Inc. served on 6/26/2023, answer due 7/31/2023; Continuum Health Care Personnel Services, Inc. served on 6/26/2023, answer due 7/31/2023; Continuum Health Care Services, LC served on 6/26/2023, answer due 7/31/2023. (Wallrichs, Brenda)
July 12, 2023 Filing 11 SUMMONS Returned Executed by West Bend Mutual Insurance Company. Brenda Schmidt served on 6/24/2023, answer due 7/17/2023. (Wallrichs, Brenda)
July 11, 2023 Filing 10 SUMMONS Returned Executed by West Bend Mutual Insurance Company. Kayla Jean Riesberg served on 7/10/2023, answer due 7/31/2023. (Wallrichs, Brenda)
July 11, 2023 Filing 9 SUMMONS Returned Executed by West Bend Mutual Insurance Company. Todd Lawrence Riesberg served on 7/10/2023, answer due 7/31/2023. (Wallrichs, Brenda)
July 11, 2023 Filing 8 Errata re #7 Summons Returned Executed, filed by West Bend Mutual Insurance Company. (Wallrichs, Brenda)
July 11, 2023 Filing 7 SUMMONS Returned Executed by West Bend Mutual Insurance Company. Continuum Health Care Inc. served on 7/10/2023, answer due 7/31/2023; Continuum Health Care Personnel Services, Inc. served on 7/10/2023, answer due 7/31/2023; Continuum Health Care Services, LC served on 7/10/2023, answer due 7/31/2023. (Wallrichs, Brenda)
July 10, 2023 Opinion or Order Filing 6 ORDER to Show Cause. See order for particulars. Signed by Judge Rebecca Goodgame Ebinger on 7/10/2023. (h)
July 10, 2023 Filing 5 Corporate Disclosure/Statement of Interest by West Bend Mutual Insurance Company. (Wallrichs, Brenda)
June 20, 2023 Filing 4 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. Corporate Disclosure Statement deadline set for plaintiff 7/11/2023. Corporate Disclosure Statement deadline set for defendant 7/11/2023. (Attachments: #1 7.1 packet) (btg)
June 16, 2023 Filing 3 NOTICE of Appearance by J. Michael Weston on behalf of West Bend Mutual Insurance Company (Weston, J.)
June 16, 2023 Filing 2 Errata re #1 Complaint,, filed by West Bend Mutual Insurance Company. (Wallrichs, Brenda)
June 16, 2023 Filing 1 COMPLAINT West Bend Mutual Insurance Company against Schmidt Brenda, Continuum Health Care Services, Kathleen Klimesh, Kayla Jean Riesberg, Todd Lawrence Riesberg Filing fee paid in the amount of $ 402, receipt number AIASDC-5170352., filed by West Bend Mutual Insurance Company. Notice of Dismissal for lack of Service deadline set for 9/14/2023. Rule 16 Notice of Dismissal set for 9/14/2023. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B)(Wallrichs, Brenda)

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Plaintiff: West Bend Mutual Insurance Company
Represented By: J. Michael Weston
Represented By: Brenda K. Wallrichs
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Defendant: Continuum Health Care Services, LC doing business as Continuum Health Care Services
Represented By: Stuart J. Cochrane
Represented By: Brian L. Yung
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Defendant: Continuum Health Care Inc. doing business as Continuum Health Care Services
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Defendant: Continuum Health Care Personnel Services, Inc. doing business as Continuum Health Care Services
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Defendant: Schmidt Brenda
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Defendant: Kathleen Klimesh
Represented By: Stuart J. Cochrane
Represented By: Brian L. Yung
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Defendant: Kayla Jean Riesberg
Represented By: John Quentin Stoltze
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Defendant: Todd Lawrence Riesberg
Represented By: John Quentin Stoltze
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Defendant: Brenda Schmidt
Represented By: Stuart J. Cochrane
Represented By: Brian L. Yung
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