Progressive Northwestern Insurance Company v. Woods et al.
| Progressive Northwestern Insurance Company |
| Korey Woods, De'Andra Daniels, Brandi Daniels, John Doe and Latia Nelson |
| 6:2022cv01102 |
| April 26, 2022 |
| US District Court for the District of Kansas |
| Gwynne E Birzer |
| Holly L Teeter |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.
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Filing 33
JUDGMENT. Signed by deputy clerk on 3/30/2023. (ca)
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Filing 32
MEMORANDUM AND ORDER granting #24 Plaintiff Progressive Northwestern InsuranceCompany's Motion for Summary Judgment; denying #26 Defendant Korey Woods' Motion for Summary Judgment. This case is closed. Signed by District Judge Holly L. Teeter on 3/30/2023. (ca)
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Filing 31
REPLY TO RESPONSE TO MOTION by Plaintiff Progressive Northwestern Insurance Company re #24 Motion for Summary Judgment.(Harper, Christopher)
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Filing 30
REPLY TO RESPONSE TO MOTION by Defendant Korey Woods re #26 Motion for Summary Judgment. (Aldrich, Shawn)
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Filing 29
RESPONSE by Defendant Korey Woods re #24 Motion for Summary Judgment. (Aldrich, Shawn)
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Filing 28
MEMORANDUM IN OPPOSITION by Plaintiff Progressive Northwestern Insurance Company re #26 Defendant Korey Woods' Motion for Summary Judgment. (Harper, Christopher)
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Filing 27
MEMORANDUM IN SUPPORT of #26 MOTION for Summary Judgment by Defendant Korey Woods (Attachments: #1 Exhibit KHP Crash Report, #2 Exhibit Gregory Phillips Declarations and Tender, #3 Exhibit Agree Declarations and Tender, #4 Exhibit Rhodes Declarations and Tender, #5 Exhibit Pursley Declarations and Tender, #6 Exhibit Baldwin Declarations and Tender, #7 Exhibit Richmeier Declarations, #8 Exhibit Latrisha Phillips' Policy, #9 Exhibit Progressive's UIM Offer, #10 Exhibit Richmeier Tender, #11 Exhibit Liability Apportionment)(Aldrich, Shawn)
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Filing 26
MOTION for Summary Judgment by Defendant Korey Woods (Aldrich, Shawn)
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Filing 25
MEMORANDUM IN SUPPORT of #24 MOTION for Summary Judgment by Plaintiff Progressive Northwestern Insurance Company (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Harper, Christopher) (Attachment added: #12 Redacted Exhibit A) (mls).
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Filing 24
MOTION for Summary Judgment by Plaintiff Progressive Northwestern Insurance Company (Harper, Christopher)
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Filing 23
ORDER granting #22 Motion for Extension of Time to File. Upon review of the Consent Motion for Extension of Time, the Court finds the parties set forth good cause for an extension. Therefore, the Court GRANTS the Motion, and the parties shall file their respective Fed. R. Civ. P. 56 motions on or before 11/4/2022. Signed by Magistrate Judge Gwynne E. Birzer on 10/11/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (spa)
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Filing 22
Consent MOTION for extension of time by Plaintiff Progressive Northwestern Insurance Company. (referred to Magistrate Judge Gwynne E. Birzer) (Harper, Christopher)
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Filing 21
JOINT NOTICE of Joint Notice Regarding Stipulated Facts for Summary Judgment by Progressive Northwestern Insurance Company. (Harper, Christopher)
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Filing 20
ORDER granting #19 Motion for Extension of Time to File. Upon review of the Joint Motion for Extension of Time, the Court finds the parties set forth good cause, and the Court GRANTS the Motion. The parties shall agree upon stipulated facts on or before 9/14/22, and each party shall file their respective Fed. R. Civ. P. 56 motion on or before 10/14/22. Signed by Magistrate Judge Gwynne E. Birzer on 8/31/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (spa)
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Filing 19
Joint MOTION for extension of time for Stipulated Facts and stipulated MSJ date by Plaintiff Progressive Northwestern Insurance Company (referred to Magistrate Judge Gwynne E. Birzer) (Harper, Christopher)
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Filing 18
ORDER. Upon review of the Motion to Correct the Caption (ECF No. 17) filed on behalf of Latia Nelson, the Court finds the Motion correctly identifies Latia Nelson as the Special Administrator of the Estate of Latricia Antoinette Phillips. The Court GRANTS the Motion and directs the case caption corrected to reflect the third listed Defendant as "Latia Nelson, Special Administrator of the Estate of Latricia Antoinette Phillips." Signed by Magistrate Judge Gwynne E. Birzer on 8/11/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (spa)
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Filing 17
MOTION to Amend/Correct Case Caption by Defendant John Doe (referred to Magistrate Judge Gwynne E. Birzer) (Patterson, Gary)
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Filing 16
SCHEDULING ORDER: This declaratory action, initially set for scheduling was converted to a status conference based on the parties representation that a modified and more efficient Scheduling Order should govern. Plaintiff appears by and through counsel Christopher M. Harper. Defendant Korey Woods appears by and through counsel Dustin L. DeVaughn. Defendants De'Andra and Brandi Daniels appear by and through counsel Tony L. Atterbury. Defendant John Doe appears by and through Gary E. Patterson. After conferring with counsel regarding the deadlines needed in this case and the parties' representations that relevant and key discovery has already been exchanged, and no additional discovery would be required of either party, the Court sets the following deadlines: 1) Appropriate pleadings shall be filed on or before 8/12/22 to correct the caption and name the proper Defendant in place of the "John Doe" Defendant; 2) Stipulated facts shall be agreed upon on or before 8/31/22; and 3) Cross Fed.R.Civ.P. 56 motions shall be filed on or before 9/30/22. Signed by Magistrate Judge Gwynne E. Birzer on 8/9/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(spa)
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Filing 15
MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: STATUS CONFERENCE held on 8/9/2022. (Tape #10:05-10:20.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (spa)
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Set/Reset Hearings: Status Conference set for 8/9/2022 at 10:00 AM via Zoom before Magistrate Judge Gwynne E. Birzer. A link to join the conference will be sent to the parties.(spa)
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Filing 14
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 8/9/2022 at 10:00 AM via Zoom before Magistrate Judge Gwynne E. Birzer. Proposed Scheduling Order and Rule 26 Initial Disclosures due 8/2/2022. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Gwynne E. Birzer on 6/16/22. (ala)
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Filing 13
ANSWER to Complaint by Korey Woods.(Turner, Patrick)
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Filing 12
ANSWER to Complaint (of Latia Nelson as Special Administrator of the Estate of Latricia Phillips, Deceased) by John Doe.(Patterson, Gary)
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Filing 11
ANSWER to Complaint For Declaratory Judgment by Brandi Daniels, De'Andra Daniels.(Atterbury, Tony)
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Filing 10
CLERKS ORDER EXTENDING TIME until 6/07/2022 for Defendant John Doe to answer or otherwise plead. Signed by deputy clerk on 5/20/2022. (jk)
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Filing 9
ENTRY OF APPEARANCE by Gary E. Patterson on behalf of John Doe (Patterson, Gary)
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Filing 8
CLERKS ORDER EXTENDING TIME until 6/07/2022 for Defendants Brandi Daniels, De'Andra Daniels to answer or otherwise plead. Signed by deputy clerk on 5/18/2022. (jk)
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Filing 7
On 5/5/2022, the undersigned ordered Plaintiff to show cause why this matter should not be recommended for remand for lack of subject matter jurisdiction. [ECF 3] On review of Plaintiff's Response [ECF 6] to the Order to Show Cause, the Court finds proper cause has been demonstrated. Plaintiff has sufficiently established that the parties' citizenship is diverse. Thus, the court has diversity subject matter jurisdiction under 28 U.S.C. 1332. The case will proceed accordingly. Signed by Magistrate Judge Gwynne E. Birzer on 05/16/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(spa)
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Filing 6
RESPONSE re #3 Order to Show Cause by Plaintiff Progressive Northwestern Insurance Company. (Harper, Christopher)
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Filing 5
CLERKS ORDER EXTENDING TIME until 6/07/2022 for Defendant Korey Woods to answer or otherwise plead. Signed by deputy clerk on 5/16/2022. (jk)
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Filing 4
ENTRY OF APPEARANCE by Tony L. Atterbury on behalf of Brandi Daniels, De'Andra Daniels. (Atterbury, Tony)
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Filing 3
NOTICE AND ORDER TO SHOW CAUSE. Plaintiff to show cause in writing to the undersigned United States Magistrate Judge, on or before 5/19/2022 why she should not recommend to the District Judge that this case should be remanded to state court for lack of subject matter jurisdiction. Signed by Magistrate Judge Gwynne E. Birzer on 5/5/2022. (ca)
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Filing 2
CORPORATE DISCLOSURE STATEMENT by Progressive Northwestern Insurance Company identifying The Progressive Corporation as corporate parent . (Harper, Christopher)
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Filing 1
COMPLAINT with trial location of Wichita (Filing fee $402, Internet Payment Receipt Number AKSDC-5766635.), filed by Progressive Northwestern Insurance Company. (Attachments: #1 Exhibit A-Auto Insurance Policy, #2 Civil Cover Sheet)(Harper, Christopher)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Holly L. Teeter and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jk)
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