Kendrick et al v. Standard Fire Insurance Company et al
Plaintiff: Johnna Dyas, Dixie Dew Products, Incorporated, Stella Christine Geise d/b/a Children's Place Preschool, Also a plaintiff in Cov. Civ. 06-144, Robert Dyas, Robert Nesbitt, Mary Beth Perry, Matthew T. Sanning, Alexander Edmondson, Jamie Brown, Anna M. Nichols, Greg Adamkiewicz, Michael Kiffmeyer, Ruth Culyer, Charles Hamilton, Mark Hahn, Suzanne Wilson, John Nicholas, Donald Gary Wilson, James D. Nichols, Amy Hahn, Brenda Adamkiewicz, Delbert Kenneth Perry, Laura Kiffmeyer, Martha Yunker, Diana Young, L. Craig Kendrick, Jason Young, David Knight and Karla McCullough
Defendant: American International South Insurance Company, Indiana Insurance Company, Safe Auto Insurance Company, Progressive Direct Insurance Company, Travelers Property Casualty Insurance Company, Stewart Title, Acuity, A Mutual Insurance Company, Foremost Insurance Company, Alfa Vision Insurance, West American Insurance Company, Shelter Mutual Insurance Company, Office of the Kentucky Attorney General, Kentucky Farm Bureau Mutual Insurance Company, Chicago Title Insurance Company, Standard Fire Insurance Company, Commissioner, Kentucky Department of Insurance, Hartford Underwriters Insurance Company, Westfield National Insurance Company, State Farm Mutual Automobile Insurance Company, Cincinnati Insurance Company, Ohio Casualty Insurance Company, State Farm Fire and Casualty Company, Capitol Indemnity Corporation and Nationwide Mutual Insurance Company
Intervenor Plaintiff: Jonathan Lee Riches, Emma Snowsill and Janet Rabinowich
Cross Defendant: James K. Jarboe
Case Number: 2:2006cv00141
Filed: July 14, 2006
Court: US District Court for the Eastern District of Kentucky
Office: Covington Office
Presiding Judge: David L Bunning
Referring Judge: J Gregory Wehrman
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Insurance Contract
Jury Demanded By: None
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Docket Report

This docket was last retrieved on November 8, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2012 Filing 498 USCA MANDATE as to #497 Sixth Circuit Court of Appeals Order issues today (Attachments: #1 Cover Letter)(LST)
September 5, 2012 Filing 496 INFORMATION COPY OF ORDER/JUDGMENT of USCA as to #497 Sixth Circuit Court of Appeals Order AFFIRMING the district court's certification of the Plaintiff subclasses. (Attachments: #1 6CCA Judgment, #2 6CCA Cover Letter-Mandate to Issue)(ECO) Modified to correct link and text on 9/17/2012 (LST).
March 1, 2012 Filing 495 NOTICE by Standard Fire Insurance Company, Travelers Property Casualty Insurance Company re #491 Notice of Exhibit Destruction (Attachments: #1 Exhibit A - Notice of Exhibit Destruction)(Renzelmann, Jason)
February 22, 2012 Filing 494 NOTICE by Nationwide Mutual Insurance Company to Clerk Not to Destroy Exhibits and to Maintain Them Pending Resolution of the Case (Attachments: #1 Exhibit A Notice of Exhibit Destruction)(Campbell, Drew)
February 21, 2012 NOTICE OF DOCKET MODIFICATION TO Gerald Dusing re #493 Notice to Clerk Not to Destroy; Error: attachment was insufficiently described as "Exhibit." Entry by attorney; Correction: the Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (ECO)
February 17, 2012 Filing 493 NOTICE to Clerk not to Destroy Exhibits and to Maintain them pending Resolution of the Case by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit-Notice of Exhibit Destruction Ltr)(Dusing, Gerald) Modified text to better described document and attachment on 2/21/2012 (ECO).
February 17, 2012 Filing 492 NOTICE OF EXHIBIT DESTRUCTION to Marjorie Ann Farris as to L. Craig Kendrick, et al, James D. Nichols, et al v. Standard Fire Ins. Co. and Progressive Direct, et al (LST)
February 17, 2012 Filing 491 NOTICE OF EXHIBIT DESTRUCTION to Cory J. Skolnick as to L. Craig Kendrick, et al, James D. Nichols, et al v. Standard Fire Ins. Co. and Progressive Direct, et al (LST)
February 17, 2012 Filing 490 NOTICE OF EXHIBIT DESTRUCTION to H. Lawson Walker as to L. Craig Kendrick, et al, James D. Nichols, et al v. Standard Fire Ins. Co. and Progressive Direct, et al (LST)
February 17, 2012 Filing 489 NOTICE OF EXHIBIT DESTRUCTION to Mark A. Johnson, Robert M. Kincaid and Rodger L. Eckelberry as to L. Craig Kendrick, et al, James D. Nichols, et al v. Standard Fire Ins. Co. and Progressive Direct, et al (LST)
February 17, 2012 Filing 488 NOTICE OF EXHIBIT DESTRUCTION to Paul G. Karlsgodt as to L. Craig Kendrick, et al, James D. Nichols, et al v. Standard Fire Ins. Co. and Progressive Direct, et al (LST)
February 17, 2012 Filing 487 NOTICE OF EXHIBIT DESTRUCTION to Donald L. Miller as to L. Craig Kendrick, et al, James D. Nichols, et al v. Standard Fire Ins. Co. and Progressive Direct, et al (LST)
February 17, 2012 Filing 486 NOTICE OF EXHIBIT DESTRUCTION to Drew H. Campbell as to L. Craig Kendrick, et al, James D. Nichols, et al v. Standard Fire Ins. Co. and Progressive Direct, et al (LST)
February 17, 2012 Filing 485 NOTICE OF EXHIBIT DESTRUCTION to Jack b. Harrison as to L. Craig Kendrick, et al, James D. Nichols, et al v. Standard Fire Ins. Co. and Progressive Direct, et al (LST)
February 17, 2012 Filing 484 NOTICE OF EXHIBIT DESTRUCTION to Patricia A. Foster as to L. Craig Kendrick, et al, James D. Nichols, et al v. Standard Fire Ins. Co. and Progressive Direct, et al (LST)
February 17, 2012 Filing 483 NOTICE OF EXHIBIT DESTRUCTION to Gerald F. Dusing as to L. Craig Kendrick, et al, James D. Nichols, et al v. Standard Fire Ins. Co. and Progressive Direct, et al (LST)
February 17, 2012 Filing 482 NOTICE OF EXHIBIT DESTRUCTION to Mark G. Arnzen as to L. Craig Kendrick, et al, James D. Nichols, et al v. Standard Fire Ins. Co. and Progressive Direct, et al (LST)
July 26, 2011 Opinion or Order Filing 481 ORDER of USCA as to #497 COPY Of 6CCA Order. Upon consideration of the stipulation of the parties to voluntarily dismiss the appeals herein pursuant to Rule 42(b), Federal Rules of Appellate Procedure, it is ordered that the motion is GRANTED and the appeals are dismissed. (Attachments: #1 Cover letter from 6CCA- No Mandate to issue) Filed as it pertains to related cases 10-cv-218, 10-cv-219, 10-cv-222 and 10-cv-223(TED) Modified text adding no Mandate to issue on 7/26/2011 (TED). Modified to correct link on 9/19/2012 (LST).
January 12, 2011 Filing 480 TRANSCRIPT of Proceedings: PRELIMINARY APPROVAL HEARING for dates of AUGUST 28, 2008 before Judge DAVID L. BUNNING, re #474 Notice of Appeal. Court Reporter: LISA WIESMAN, Telephone number 859-291-4410. Transcript ordered by: DREW CAMPBELL, BRICKER AND ECKLER. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 2/7/2011. Redacted Transcript Deadline set for 2/17/2011. Release of Transcript Restriction set for 4/15/2011. (KRS)
January 5, 2011 Filing 497 COPY OF ORDER ENTERED AT Sixth Circuit Court of Appeals re: Petition for Appeal. The Petitions for permission to appeal are granted. Clerk is directed to docket the appropriate appeals, set briefing as soon as practicable and consolidate the resulting appeals for submission. 6CCA CASE NOS. 11-5011, 11-5013, 11-5014, 11-5015, 11-5016, 11-5017, 11-5018, 11-5019, 11-5020 (Attachments: #1 Cover Letter)(LST)cc: COR
January 5, 2011 CLERK'S NOTE: SEE #497 for Copy of Sixth Circuit Court of Appeals Order re: Petition for Appeal (LST)
January 3, 2011 Opinion or Order Filing 479 ORDER of USCA as to #474 Notice of Appeal filed by Jonathan Lee Riches. Appellant having previously been advised that failure to satify certain specified obligations would result in dismissal of the case for want of prosecution and it appearing that the appellant has failed to satisfy the following obligation: The proper fee was not paid by 12/30/10. It is therefore ordered that this cause be, and it hereby is, dismissed for want of prosecution. (Attachments: #1 Cover letter 6CCA-No Mandate to issue)(TED)
September 30, 2010 Filing 478 DEFENDANTS' SUPPLEMENTAL ARGUMENT IN OPPOSITION TO #333 PLAINTIFFS' MOTION FOR CLASS CERTIFICATION filed by American International South Insurance Company, Nationwide Mutual Insurance Company, Ohio Casualty Insurance Company, Standard Fire Insurance Company, State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company, Travelers Property Casualty Insurance Company, West American Insurance Company. Filed pursuant to #477 Order. (ECO)
September 30, 2010 Opinion or Order Filing 477 OPINION & ORDER: 1) Deft's Motion for Leave to File Supplemental Argument #445 is granted as unopposed; 2) Pltfs' Motion to Certify Class #333 is granted. A class in each of the severed actions as described immediately below, defined as proposed by Pltfs' in their motion, shall be certified, with respect to the Pltfs' claims of Illegal Dealing in Premiums, Conversion, Negligent Servicing, and Declaration of Rights; 3) Court on its own motion severs from these proceedings all claims between the following parties: (In 06-141): (a) Robert and Johnna Dyas and Gary and Suzanne Wilson v. State Farm and Casualty Insurance Company; (b) Gary and Suzanne Wilson v. State Farm Mutual Auto Insurance Company; (c) Jason and Diana Young v. Nationwide Mutual Insurance Company; (d) L. Craig Kendrick v. Ohio Casualty Insurance Company; (e) John Nicholas v. West American Insurance Company; (f) Martha Yunker v. Standard Fire Insurance Company; (g) Martha Yunker v. Travelers Insurance Company; (In 06-146): (a) Kenneth and Mary Beth Perry v. Indiana Insurance Company; (b) Michael and Laura Kiffmeyer v. Cincinnati Insurance Company; (c) Matthew Sanning v. Kentucky Farm Bureau Mutual Insurance Company. The Clerk of Court is instructed to open a new civil action number for each of the above actions, with this Order being docketed in each of those actions and with a Clerk's notation cross-referencing 06-141 or 06-146 as the initiating litigation. The Clerk shall also file in each action a copy of the most recent Amended Complaint from the initiating litigation, and a copy of the named insured Deft's Answer thereto. Within 30 days from the date of this Order, Pltfs in each action shall pay the required filing fee; 4) Civil action 06-146 shall remain on the active docket of this Court pending completion of the preliminarily approved Jarboe-Progressive Direct Insurance Company class settlement; civil action 06-141 shall be administratively closed. Signed by Judge David L. Bunning on 9/30/2010.(ECO)cc: COR Modified to unbold text on 10/1/2010 (ECO).
September 28, 2010 Filing 476 TRANSCRIPT of Proceedings: FINAL APPROVAL HEARING for dates of July 6, 2010 before Judge DAVID L. BUNNING, re #474 Notice of Appeal. Court Reporter: LISA WIESMAN, Telephone number 859-291-4410. Transcript ordered by: Donald Miller. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/22/2010. Redacted Transcript Deadline set for 11/1/2010. Release of Transcript Restriction set for 12/30/2010. (KRS)
September 22, 2010 Opinion or Order Filing 475 ORDER GRANTING FINAL APPROVAL OF SETTLEMENT; AND JUDGMENT, FINAL ORDER AND DECREE: 1)The Motions for Final Approval of the Proposed Settlement #469 is GRANTED; 2) Settlement Class Representative Karla McCullough is entitled to and is hereby awarded an additional payment of $5,000.00 over and above her claim for damages, in recognition of the efforts she has undertaken and the risk it has incurred in connection with this Litigation; 3) Settlement Class Counsel's application for attorney's fees and expenses is GRANTED, and the sum of $410,029.80 shall be paid to Class Counsel pursuant to the terms of the Stipulation of Settlement, as representing Settlement Class Counsel's attorney's fees and litigation costs; 4) This litigation and all claims against the Settling Defendant (including as appropriate claims against the affiliated companies of Illinois National Insurance Company which were not named in this lawsuit, but which are named in the Stipulation of Settlement) are hereby dismissed with prejudice, but the Court shall retain exclusive and continuing jurisdiction of the Litigation, all Parties, and Settlement Class Members, to interpret and enforce the terms, conditions and obligations of the Stipulation of Settlement; 4) All Class members who have not timely filed an opt-out request are barred and enjoined from commencing and/or prosecuting any Released Claims against Settling Defendant. Signed by Judge David L. Bunning on 9/22/2010. (ECO)cc: COR
August 23, 2010 Filing 474 NOTICE OF APPEAL as to #387 Order on Motion to Intervene by Jonathan Lee Riches. (No Filing Fee Received). cc: COR, 6CCA (Attachments: #1 Envelope)(ECO)
July 6, 2010 Filing 473 MINUTE ENTRY ORDER FOR FINAL APPROVAL HEARING on proposed class settlement held on 7/6/10 before Judge David L. Bunning: It is ordered 1) The parties shall file forthwith a revised Settlement Agreement in compliance with the Kentucky Attorney General's July 2, 2010 letter; 2) Teresa Vaughn is excluded from this settlement and 3) To ensure compliance with CAFA, the clerk shall submit the motion for final approval on September 20, 2010. (Court Reporter Lisa Wiesman.) Signed by David L. Bunning. (TED)cc: COR
July 6, 2010 Filing 472 NOTICE OF FILING by Karla McCullough re #469 MOTION for Order by Karla McCullough Granting Final Approval to Class Action Settlement of REVISED Settlement Agreement (Reed, Jason)
July 1, 2010 Filing 471 AFFIDAVIT re #469 MOTION for Order by Karla McCullough Granting Final Approval to Class Action Settlement Amended Declaration of Gary Mason, Esq. by Karla McCullough. (Reed, Jason)
June 29, 2010 Filing 470 AFFIDAVIT re #469 MOTION for Order by Karla McCullough Granting Final Approval to Class Action Settlement by Shannon R. Wheatman, Ph.D., Concerning Implementation and Adequacy of Notice Plan by Karla McCullough. (Reed, Jason)
June 28, 2010 Filing 469 MOTION for Order by Karla McCullough Granting Final Approval to Class Action Settlement Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support, #2 Affidavit Affidavit of Roger Marckel, Metric Media, #3 Affidavit Declaration of Gary E. Mason, Esq., #4 Affidavit Affidavit of Christopher S. Nordloh, Esq., #5 Affidavit Affidavit of Garry L. Edmondson, Esq., #6 Affidavit Affidavit of John Whitfield, Esq., #7 Affidavit Affidavit of Scott Fenwick, Rust Consulting, #8 Proposed Order)(Reed, Jason)
June 21, 2010 Opinion or Order Filing 468 ORDER granting Consent Motion for Preliminary Approval of Amended Class Action Settlement Agreement #467 : It is ordered that, 1) Class Action Settlement Agreement as amended and described by the parties' Consent Motion for Preliminary Approval of Amended Settlement Agreement is preliminarily approved as fair, adequate and reasonable for the same reasons provided in this Court's previous Order Granting Motion for Preliminary Approval of Class Action Settlement #459 which is incorporated herein by reference; 2) Dfts are to direct notice of the amended terms of the Settlement Agreement through posting a copy of the consent Motion and this Order on the settlement website and including information about the amendment in the 1-800 IVR script for this settlement; 3) Plfs' deadline for filing their Motion for final Approval shall be extended from June 25, 2010 to June 28, 2010; 4) The Fairness Hearing scheduled for July 6, 2010 will take place as planned; 5) This court will not enter final approval of this Amended Class Action Settlement Agreement until 90 days after the notice provisions in the Class Action Fairness Act ("CAFA"), 28 USC 1715(b) have been met. Signed by Judge David L. Bunning on 6/21/10. (TED)cc: COR
June 17, 2010 ***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #467 CONSENT MOTION to Amend/Correct by American International South Insurance Company for Preliminary Approval of Amended Settlement Agreement (ECO)
June 16, 2010 Filing 467 CONSENT MOTION to Amend/Correct by American International South Insurance Company for Preliminary Approval of Amended Settlement Agreement. (Attachments: #1 Proposed Order Granting Consent Motion for Preliminary Approval of Amended Class Action Settlement Agreement)(Collignon, Casie) Modified to take out referral language on 6/17/2010 (ECO).
May 12, 2010 ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #466 Notice (ECO)
May 11, 2010 Filing 466 NOTICE by American International South Insurance Company, Karla McCullough OF ADDITIONAL FORM USED IN SETTLEMENT ADMINISTRATION (Attachments: #1 Exhibit A Generic Claim Form)(Karlsgodt, Paul)
April 5, 2010 Filing 465 NOTICE OF FILING by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit A - Court's decision - Franklin County v. Travelers Property Casualty Insurance Co., et al.)(Dusing, Gerald)
March 23, 2010 Opinion or Order Filing 464 ORDER: 1) The parties' Joint Consent Motion for Court Approval of a Final Notice and Other Documents to be used in the Administration of the Class Settlement #463 be, and is hereby granted; and 2) The Amended Legal Notice, attached as Exhibit A to the Consent Motion, Amended Phone IVR Script, attached as Exhibit B to the Consent Motion, and Amended Website FAQs, attached as Exhibit C to the Consent Motion, are hereby approved to be used in the administration of the class settlement herein. Signed by Judge David L. Bunning on 3/23/2010. (ECO)cc: COR
March 23, 2010 ***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #463 CONSENT MOTION for Order by American International South Insurance Company, Karla McCullough FOR COURT APPROVAL FINAL NOTICE AND OTHER DOCUMENTS TO BE USED IN THE ADMINISTRATION OF THE CLASS SETTLEMENT (ECO)
March 22, 2010 Filing 463 CONSENT MOTION for Order by American International South Insurance Company, Karla McCullough FOR COURT APPROVAL FINAL NOTICE AND OTHER DOCUMENTS TO BE USED IN THE ADMINISTRATION OF THE CLASS SETTLEMENT. (Attachments: #1 Exhibit A - Amended Legal Notice, #2 Exhibit B - Amended Phone Script, #3 Exhibit C - Amended Website FAQs, #4 Proposed Order Proposed Order)(Collignon, Casie) Modified to take out referral language on 3/23/2010 (ECO).
March 3, 2010 Opinion or Order Filing 462 ORDER; 1)Parties #461 Joint Consent Motion for court approval of an amended claim form and extension of mailing deadliens is granted; 2)The Amended Claim Form, attached as Exhibit A to the #42 Consent Motion is approved as part of the Notice Plan; 3)The 45 day mailing deadline for implementing the Notice Plan, and all other deadlines attendant to the 45 day mailing deadline, are extended by 1 week. Signed by Judge David L. Bunning on 03/03/2010. (LST)cc: COR
March 3, 2010 ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: re #461 CONSENT MOTION for Order by American International South Insurance Company FOR APPROVAL OF AMENDED CLAIM FORM AND EXTENSION OF MAILING DEADLINES (LST)
March 3, 2010 NOTICE OF DOCKET MODIFICATION TO Casie Collignon re #461 CONSENT MOTION for Order by American International South Insurance Company FOR APPROVAL OF AMENDED CLAIM FORM AND EXTENSION OF MAILING DEADLINES; Error: the correct filers were not selected; Entry by attorney; Correction: Clerk added the plaintiffs as filers to the document. In the future, hold the ctrl key on the keyboard and click on each party filing the pleading. No further action required by counsel cc: COR (LST)
March 2, 2010 Filing 461 CONSENT MOTION for Order by American International South Insurance Company, Brenda Adamkiewicz, Greg Adamkiewcz, Jamie Brown, Ruth Culyer, Dixie Dew Products, Incorporated, Johnna Dyas, Robert Dyas, Alexander Edmondson, Stella Christine Geise, Amy Hahn, Mark Hahn, Charles Hamilton, L. Craig Kendrick, Laura Kiffmeyer, Michael Kiffmeyer, David Knight, Karla McCullough, Robert Nesbitt, John Nicholas, Anna M. Nichols, James D. Nichols, Delbert Kenneth Perry, Mary Beth Perry, Matthew T. Sanning, Donald Gary Wilson, Suzanne Wilson, Diana Young, Jason Young FOR APPROVAL OF AMENDED CLAIM FORM AND EXTENSION OF MAILING DEADLINES Motions referred to J. Gregory Wehrman. (Attachments: #1 Exhibit A - Claim Form, #2 Exhibit B - Settlement Script, #3 Exhibit C - Draft Website Q&A, #4 Proposed Order Proposed Order)(Collignon, Casie) Modified to add plaintiffs on 3/3/2010 (LST).
February 10, 2010 Filing 460 TRANSCRIPT of Proceedings: PRELIMINARY SETTLEMENT APPROVAL HEARING held on 02/01/2010 before Judge David L. Bunning. Court Reporter: Lisa Wiesman, Telephone number (859) 291-4410. Transcript ordered by: DONALD MILLER. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction.. Redaction Request due 3/8/2010. Redacted Transcript Deadline set for 3/16/2010. Release of Transcript Restriction set for 5/14/2010. (ECO)
February 2, 2010 Opinion or Order Filing 459 ORDER GRANTING #452 MOTION Preliminary Approval of Class Action Settlement; (SEE ORDER FOR DETAILS); 12)A Final Approval Hearing is set for 7/6/2010 09:00 AM in COVINGTON before Judge David L. Bunning. Signed by Judge David L. Bunning on 2/2/2010.(LST)cc: COR
February 2, 2010 ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #457 Notice of Filing (ECO)
February 1, 2010 Opinion or Order Filing 458 ORDER FOR PRELIMINARY APPROVAL HEARING BEFORE JUDGE DAVID L. BUNNING; 1)Pla's #452 Motion for Preliminary Approval of Settlement Agreement and Conditional Certification of Settlement Class, Appointment of Settlement Class Counsel and Settlement Class Representative, Approval of Class Notice and Scheduling of Fairness Hearing is Granted; 2)Plas to file a revised proposed order directed to said preliminary approval and setting forth specific deadlines associated therewith by 2/5/2010; 3)A Fairness Hearing set for 7/6/2010 09:00 AM in COVINGTON before Judge David L. Bunning. (Court Reporter LISA WIESMAN.) Signed by David L. Bunning. (LST)cc: COR
February 1, 2010 Filing 457 NOTICE OF FILING by Karla McCullough re #452 MOTION for Order by Karla McCullough Granting Preliminary Approval to Class Action Settlement, and Related Relief of REVISED Proposed Order (Reed, Jason)
January 19, 2010 Opinion or Order Filing 456 ORDER: (1) The rescheduling of the Preliminary Settlement Approval Hearing from January 28, 2010 @ 10:30 a.m. to February 1, 2010 @ 9:00 a.m. is as to the preliminary settlement between Pltf Karla McCullough and Deft American International South Insurance Company. The previously entered Stipulated Order re #455 failed to specify which parties within the above-captioned action were the subject of the upcoming preliminary settlement approval hearing. Signed by Judge David L. Bunning on 1/19/2010.(ECO)cc: COR
January 12, 2010 Opinion or Order Filing 455 STIPULATED ORDER RESCHEDULING SETTLEMENT APPROVAL HEARING: (1) Parties, through counsel and after conferring with the Court, hereby give notice that the date for the Preliminary Settlement Approval Hearing has been rescheduled to 2/1/2010 from 9:00 a.m. to 10:00 a.m. in COVINGTON before Judge David L. Bunning. Signed by Judge David L. Bunning on 1/12/2010.(ECO)cc: COR
January 12, 2010 ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #454 Proposed Agreed Order/Stipulation (ECO)
January 11, 2010 Filing 454 Proposed Agreed Order/Stipulation Rescheduling Settlement Approval Hearing by American International South Insurance Company. (Collignon, Casie)
December 28, 2009 ***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #452 MOTION for Order by Karla McCullough Granting Preliminary Approval to Class Action Settlement, and Related Relief (ECO)
December 21, 2009 Opinion or Order Filing 453 ORDER; 1) #452 MOTION for Order by Karla McCullough Granting Preliminary Approval to Class Action Settlement, and Related Relief filed by Karla McCullough shall be heard on 1/28/2010 at 10:30 AM in COVINGTON before Judge David L. Bunning. Signed by Judge David L. Bunning on 12/21/2009.(LST)cc: COR
December 4, 2009 Filing 452 MOTION for Order by Karla McCullough Granting Preliminary Approval to Class Action Settlement, and Related Relief Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support, #2 Exhibit Settlement Agreement (with Exhibits), #3 Proposed Order)(Reed, Jason)
November 23, 2009 Opinion or Order Filing 451 ORDER; 1)Parties' #450 CONSENT MOTION for Extension of Time is granted; 2)Parties to file their motion for preliminary approval of a class action settlement by 12/4/2009. Signed by Judge David L. Bunning on 11/23/2009.(LST)cc: COR
November 20, 2009 ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: re #450 CONSENT MOTION for Extension of Time by American International South Insurance Company to file Motion for Preliminary Approval of Class Action Settlement (LST)
November 20, 2009 NOTICE OF DEFICIENCY TO Casie Collignon re #450 CONSENT MOTION for Extension of Time by American International South Insurance Company to file Motion for Preliminary Approval of Class Action Settlement; the filing attorney's name is not typed on the signature line; The name of the Filing User under whose login and password the document is filed must be preceded by an "s/" and typed in the space where the signature would otherwise appear No further action required. cc: COR (LST)
November 19, 2009 Filing 450 CONSENT MOTION for Extension of Time by American International South Insurance Company to file Motion for Preliminary Approval of Class Action Settlement Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order re Consent Motion to Extend Deadline for Parties to File Motion for Preliminary Approval of Class Action Settlement)(Collignon, Casie)
October 26, 2009 Opinion or Order Filing 449 VIRTUAL ORDER: granting #448 Motion to Withdraw as Attorney. Attorney Craig A. Cohen and Randall S. Rabe terminated. Signed by Magistrate Judge J. Gregory Wehrman on 10/26/2009. (LST)cc: COR
October 22, 2009 NOTICE OF DEFICIENCY TO Michael Nelson re #448 MOTION to Withdraw as Attorney by Safe Auto Insurance Company; attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 3 business days, prepare a pleading entitled "Notice of Filing" (with a certificate of service,) file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry cc: COR (LST)
October 21, 2009 Filing 448 MOTION to Withdraw as Attorney by Safe Auto Insurance Company Motions referred to J. Gregory Wehrman. (Nelson, Michael)
October 21, 2009 ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: re #445 MOTION for Leave by American International South Insurance Company, Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Ca (LST)
October 7, 2009 Filing 447 NOTICE of Settlement and request for stay by American International South Insurance Company, Karla McCullough (Nordloh, Christopher)
October 6, 2009 Filing 446 RESPONSE to #445 Defendants' Supplemental Argument in Opposition to Plaintiffs' Motion for Class Certification filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, John Nicholas. (Mason, Gary)
September 22, 2009 Filing 445 MOTION for Leave by American International South Insurance Company, Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Nationwide Mutual Insurance Company, Ohio Casualty Insurance Company to File Instanter Limited Supplemental Argument in Opposition to Plaintiffs' Motion For Class Certification Based Upon Intervening Authority. (Attachments: #1 Exhibit A - Defendants' Supplemental Argument in Opposition to Plaintiffs' Motion For Class Certification, #2 Proposed Order)(Eckelberry, Rodger) Modified text to take out referral language on 9/15/2010 (ECO).
September 16, 2009 Filing 444 NOTICE by West American Insurance Company, Ohio Casualty Insurance Company of Filing Supplemental Authority (Attachments: #1 Exhibit A - Randleman v. Fidelity Decertification Order)(Eckelberry, Rodger)
September 9, 2009 Filing 443 RESPONSE to #440 Plaintiffs' Notice of Supplemental Authority filed by American International South Insurance Company, Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company. (Eckelberry, Rodger)
September 3, 2009 Filing 442 NOTICE by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas re #441 Notice,, Corrected Notice of Change of Firm Name and Address (Mason, Gary)
September 3, 2009 Filing 441 NOTICE by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas of Change of Firm Name and Address (Mason, Gary)
September 2, 2009 Filing 440 NOTICE by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas re #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas of Supplemental Authority in Support of Motion for Class Certification (Attachments: #1 Exhibit A Georgia Energy)(Mason, Gary)
May 12, 2009 Filing 439 TRANSCRIPT of Proceedings: FAIRNESS HEARING held on 1/22/2009 before Judge David L. Bunning. Court Reporter: LISA WIESMAN, Telephone number 859-291-4410. Transcript ordered by: Joshua Rose. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. Redaction Request due 6/2/2009. Redacted Transcript Deadline set for 6/12/2009. Release of Transcript Restriction set for 8/10/2009. (LST)
May 12, 2009 Filing 438 TRANSCRIPT of Proceedings: MOTIONS HEARING held on 2/28/2008 before Judge David L. Bunning. Court Reporter: LISA WIESMAN, Telephone number 859-291-4410. Transcript ordered by: Joshua Rose. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. Redaction Request due 6/2/2009. Redacted Transcript Deadline set for 6/12/2009. Release of Transcript Restriction set for 8/10/2009. (LST)
May 1, 2009 Opinion or Order Filing 437 ORDER GRANTING FINAL APPROVAL OF SETTLEMENT; AND JUDGMENT, FINAL ORDER AND DECREE: It is hereby ordered, adjudged and decreed as follows: 1) Motion for final approval of the proposed settlement is GRANTED; 2) Settlement Class Charles Stephen Hamilton is entitled to and is hereby awarded a payment of $5,000.00 over and above their respective proceeds under the Settlement Agreement, in recognition of the efforts he has undertaken and the risk he has incurred in connection with this litigation; 3) The Class Counsel's application for attorneys' fees and expenses in the amount of $102,920.00 is GRANTED; 4) This litigation and all claims against the settling Defendant are hereby dismissed with prejudice, but the Court shall retain exclusive and continuing jurisdiction of the litigation, all parties and settlement class members to interpet and enforce the terms, conditions and obligations of the Settlement Agreement; 5) All class members who have not timely filed an opt-out request are barred and enjoined from commencing and/or prosecuting any released claims against settling defendant; 6) The recital in the Settlement Agreement that permits a reverter to Stewart Title Guaranty Company as specified in paragraph 7.3(e) of the Settlemenet Agreement is fair and reasonable and therefore approved.. Signed by Judge David L. Bunning on 5/1/09.(TED)cc: COR
May 1, 2009 ***FILE SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #436 Notice of Filing Order (TED)
April 30, 2009 Filing 436 NOTICE OF FILING by Charles Hamilton In Complaince with Order (Dkt. 435) (Attachments: #1 Proposed Order Granting Final Approval of Class Settlement with Stewart Title Guaranty Co.)(Nordloh, Christopher)
April 28, 2009 Filing 435 (MINUTE ENTRY) ORDER FOR FAIRNESS HEARING held on 4/28/09 before Judge David L. Bunning: It is ordered that #434 MOTION for final approval of settlement agreement with Stewart Title Guaranty Company is hereby GRANTED. Counsel to submit a revised proposed final order by close of business on April 30, 2009. (Court Reporter LISA WIESMAN.) Signed by DAVID L. BUNNING. (TED)cc: COR
April 27, 2009 Motions No Longer Referred: #434 FINAL MOTION for Order by Charles Hamilton Respectfully requesting Final Approval of Settlement Agreement and Class Settlement with Stewart Title Guaranty Company (TED)
April 24, 2009 Filing 434 FINAL MOTION for Order by Charles Hamilton Respectfully requesting Final Approval of Settlement Agreement and Class Settlement with Stewart Title Guaranty Company Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support of Motion to Grant Final Approval of Class Settlement with Stewart Title Guaranty Co., #2 Exhibit Declaration of Stephanie Moore of U.S. Bank (Settlement Administrator), #3 Exhibit Declaration of Pamela O'Brien, Senior Litigation Counsel for Stewart Title, #4 Exhibit Declaration of Christopher S. Nordloh in support of Attorney's Fees, #5 Exhibit Declaration of Garry L. Edmondson in upport of Attorneys' fees, #6 Exhibit Declaration of Gary Mason in support of Attorney's fees, #7 Exhibit Declaration of John Whitfield in support of Attorney's fees, #8 Proposed Order Granting Final Approval of Settlement Agreement and Class Settlement with Stewart Title Guaranty Company)(Nordloh, Christopher)
April 20, 2009 Filing 433 OBJECTIONS to #432 Proposed Order Denying Motion for Class Certification filed by Jason Young, Diana Young. (Whitfield, John)
April 20, 2009 NOTICE OF DOCKET MODIFICATION TO Drew Campbell re #432 Notice of Filing, Error: attorney failed to create a link to the related document. Entry by attorney; Correction: Clerk has modified text to create the link; In the future, attorney is advised to create a link to the related document. No further action required by counsel. cc: COR (JMM)
April 15, 2009 Filing 432 NOTICE OF FILING by Nationwide Mutual Insurance Company Proposed Findings of Fact, Conclusions of Law and Proposed Order Denying Plaintiffs' Motion for Class Certification #333 (Attachments: #1 Findings of Fact, Conclusions of Law, and Proposed Order)(Campbell, Drew) Modified on 4/20/2009 (to link to Motion and create relationship) (Maxie, Joyce).
April 13, 2009 Opinion or Order Filing 431 ORDER GRANTING CONSENT MOTION: It is ordered that the motion #430 is GRANTED and that memoranda pertaining to final approval of the Settlement Agreement between plf Charles Stephenn Hamilton individually and on behalf of the proposed Settlement Class and dft Stewart Title shall be filed on or before April 24, 2009. Signed by Judge David L. Bunning on 4/13/09. (TED)cc: COR
April 10, 2009 Filing 430 CONSENT MOTION for Extension of Time to File by Charles Hamilton Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order Granting 7 Day Extension of Time to File Papers)(Nordloh, Christopher)
March 31, 2009 Opinion or Order Filing 429 ORDER: It is ordered, 1) Defendants' Joint Motions in Limine to exclude Plaintiffs' Expert Witness #327 and #359 (in 06-141) and (Doc #201 in 06-146) be, and they hereby are DENIED and 2) Defendant Nationwide's Motion to Strike #358 be, and it hereby is DENIED.. Signed by Judge David L. Bunning on 3/31/09. (TED)cc: COR
March 31, 2009 Opinion or Order Filing 428 ORDER: It is ordered that: 1) Defendants' Motion for Reconsideration #380 be and it hereby is DENIED and 2) Joint Motion to Sever of Plaintiff Alexander Edmondson and Defendant Westfield National be, and it hereby is DENIED as moot. Signed by Judge David L. Bunning on 3/31/09. (TED)cc: COR
March 31, 2009 Filing 427 SUR-REPLY to #333 Motion to certify class by plaintiffs filed by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company. (Filed pursuant to Order #426 ) (TED)
March 31, 2009 Opinion or Order Filing 426 ORDER: It is ordered that defendants' #389 Motion to Strike [389-1] be and hereby is DENIED. However it is further ordered that defendants' alternative Motion to file Sur-Reply [389-2] be and hereby is GRANTED and defendants' Sur-Reply is ordered filed of record.. Signed by Judge David L. Bunning on 3/31/09. (TED)cc: COR
March 31, 2009 Motions No Longer Referred: #359 MOTION in Limine by Nationwide Mutual Insurance Company to Exclude Plaintiffs' Proposed Expert Witness, #358 MOTION to Strike #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas by Nationwide Mutual Insurance Company July MOTION to Strike #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas by Nationwide Mutual Insurance Company July, #327 JOINT MOTION in Limine by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company to Exclude Plaintiffs' Proposed Expert Witness (LST)
March 26, 2009 Filing 425 TRANSCRIPT of Proceedings: Oral Argument held on March 20, 2009 before Judge David L. Bunning. Court Reporter: Lisa Wieman, Telephone number (859) 291-4410. Transcript ordered by: Paul Karlsgodt and Donald Miller. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date.. Redaction Request due 4/16/2009. Redacted Transcript Deadline set for 4/27/2009. Release of Transcript Restriction set for 6/24/2009. (JMM)
March 26, 2009 Filing 424 TRANSCRIPT of Proceedings: Status Conference held on March 20, 2009 before Judge David L. Bunning. Court Reporter: Lisa Wiesman, Telephone number (859) 291-4410. Transcript ordered by: Paul Karlsgodt. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date.. Redaction Request due 4/16/2009. Redacted Transcript Deadline set for 4/27/2009. Release of Transcript Restriction set for 6/24/2009. (JMM)
March 25, 2009 Opinion or Order Filing 423 ORDER: It is ordered: 1) Defendant's construed motion to withdraw #378 is hereby GRANTED; 2) Attorney Stacy D. Mueller is hereby granted permission to withdraw from representation in this matter and accordingly termed as counsel of record and 3) Given this grant of leave to withdraw to Attorney Mueller, the Clerk's March 23, 2009, submission concerning the March 11, 2009 notice is hereby moot. Signed by Judge David L. Bunning on 3/25/09.(TED)cc: COR
March 23, 2009 ***FILE SUBMITTED TO CHAMBERS of Judge Bunning for review: #417 Notice to attorney Stacy Mueller re failure to keep email account information updated; no response from counsel; email address not updated. (STB)
March 20, 2009 Filing 422 MINUTE ENTRY ORDER FOR ORAL ARGUMENT HEARING held on 3/20/2009 before Judge David L. Bunning: IT IS ORDERED as follows: 1) Plaintiff's Motion to Certify Class in Covington Civil 06-141 #333 is taken under advisement. 2) Plaintiff's Motion to Certify Class in Covington Civil 06-146 #214 is taken under advisement. (Court Reporter LISA WIESMAN.) (JMM)cc: COR
March 20, 2009 Filing 421 Exhibit List of Oral Argument Hearing held on 3/20/09 before Judge David L. Bunning - Defendants' collective Exhibit, Marked as Exhibit 1 - Map & Charts. (Exhibit placed in File Cabinet in Exhibit Vault). (JMM) Modified on 3/24/2009 (to better describe Main Document)(JMM).
March 18, 2009 Filing 420 NOTICE by Nationwide Mutual Insurance Company re #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas of Supplemental Authority Contra Plaintiffs' Motion for Class Certification (Attachments: #1 Exhibit A; Romberio, #2 Exhibit B; Chesner Order Decertifying Class, #3 Exhibit C; Chesner Order denying Mot. for Reconsideration)(Campbell, Drew)
March 18, 2009 Filing 419 NOTICE OF APPEARANCE by Standard Fire Insurance Company, Travelers Property Casualty Insurance Company. (Skolnick, Cory)
March 17, 2009 Filing 418 NOTICE OF SUPPLEMENTAL AUTHORITY by American International South Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company re #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas of Supplemental Authority Contra Plaintiffs' Motion For Class Certification (Attachments: #1 Exhibit A - Chesner (Opinion to Decertify), #2 Exhibit B - Chesner (Opinion on Motion to Reconsider))(Eckelberry, Rodger) Modified text to describe motion on 3/18/2009 (TED).
March 11, 2009 Filing 417 NOTICE by Clerk to attorney Stacy D. Mueller via U.S. Mail re failure to keep e-mail account information updated. (STB)
March 11, 2009 Opinion or Order Filing 416 ORDER: It is ordered that defendants' joint motion for a hearing on plaintiffs' motion for class certification #395 is hereby DENIED. However an oral argument is hereby set in this case for 3/20/2009 11:00 AM in Covington, during which any defendant desiring to present a separate argument will be permitted to do so. Signed by Judge David L. Bunning on 3/11/09.(TED)cc: COR
March 11, 2009 Attorney Update. Attorney Andrew Jonathon Schaeffer; Lynette Eaddy Smith; William N. Withrow; Anne P. Caiola and William T. Robinson, III terminated. (TED)
January 23, 2009 Opinion or Order Filing 415 ORDER GRANTING FINAL APPROVAL OF SETTLEMENT AND JUDGMENT, FINAL ORDER AND DECREE: It is ordered, adjudged and decreed as follows: 1) Motion for Final Approval of the Proposed Settlement is GRANTED; 2) Settlement Class Representative Stella Geise is entitled to and is hereby awarded an additional payment of $3,000.00 over and above her claim for damages, in recognition of the efforts she has undertaken and the risk she has incurred in connection with this litigation; 3) The Class Counsel's application for attorney's fees and expenses is GRANTED; 4) This litigation and all claims against the Settling Defendant are hereby dismissed with prejudice, but the Court shall retain exclusive and continuing jurisdiction of the litigation, all parties, and Settlement Class Members, to interpret and enforce the terms, conditions and obligations of the Settlement Agreement; 5) All Class members who have not timely filed an opt-out request are barred and enjoined from commencing and/or prosecuting any Released Claims against Settling Defendant. Signed by David L. Bunning on 1/23/09.(TED)cc: COR
January 23, 2009 ***FILE SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #411 Notice of Filing Revised Order. (TED)
January 22, 2009 Opinion or Order Filing 414 ORDER GRANTING FINAL APPROVAL OF SETTLEMENT JUDGMENT, FINAL ORDER AND DECREE as to Westfield National Insurance Company entered pursuant to #413 Minutes. It is ordered, adjudged and decreed as follows: 1) Motion for final approval of the proposed settlement is GRANTED; 2) Class Counsel's application for attorney's fees and expenses is GRANTED, and Class Counsel shall be and is awarded the collective sum of $42,500.00; 3) This litigation and all claims against the settling defendant are hereby dismissed with prejudice, but the Court shall retain exclusive and continuing jurisdiction of the litigation, all parties and settlement Class Members, to interpret and enforce the terms, conditions and obligations of the Settlement Agreement; 4) All Class Members who have not timely filed an opt-out are barred and enjoined from commencing and/or prosecuting any Released Claims against Settling Defendant.. Signed by Judge David L. Bunning on 1/22/09.(TED)cc: COR
January 22, 2009 Filing 413 MINUTE ENTRY ORDER FOR FINAL APPROVAL HEARING as to Westfield National Ins. Co. held on 1/22/09 before Judge David L. Bunning: 1) #409 Motion for Order granting final approval of settlement agreement with Westfield National Insurance Co. is GRANTED; 2) The Order Granting Final Approval of Settlement, Judgment, Final Order and Decree is approved and the Clerk is directed to file same. (Court Reporter LISA WIESMAN.) (TED)cc: COR
January 22, 2009 Filing 412 MINUTE ENTRY ORDER FOR FINAL APPROVAL HEARING as to Capitol Indemnity Corporation held on 1/22/09 before Judge David L. Bunning: 1) With exception of the proposed incentive award of $5,000 to plf Stella Geise, which is reduced to $3,000, the motion for order granting final approval of settlement agreement with Capitol Indemnity Corporation #410 is GRANTED; 2) Plf shall file in the record a revised Affidavit of Garry Edmondson, and the three attachments to Ms. Auten-Lorenz' declaration; 3) Plf shall file a revised Order Granting Final Approval of Settlement, Judgment, Final order and Decree within seven (7) days. (Court Reporter LISA WIESMAN.) (TED)cc: COR Modified text adding Capitol Indemnity Corp. on 1/22/2009 (TED).
January 22, 2009 Filing 411 NOTICE OF FILING by Stella Christine Geise re #410 MOTION for Order by Stella Christine Geise Granting Final Approval to Class Action Settlement and Related Relief of Revised Order and Additional Supporting Documents (Attachments: #1 Affidavit Revised Affidavit of Garry L. Edmondson, #2 Proposed Order Revised Proposed Order Granting Final Approval)(Reed, Jason)
January 14, 2009 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #359 MOTION in Limine by Nationwide Mutual Insurance Company to Exclude Plaintiffs' Proposed Expert Witness, #358 MOTION to Strike #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas by Nationwide Mutual Insurance Company July MOTION to Strike #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas by Nationwide Mutual Insurance Company July, #327 JOINT MOTION in Limine by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company to Exclude Plaintiffs' Proposed Expert Witness, #395 JOINT MOTION for Hearing re #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas by American International South InsuraJOINT MOTION for Hearing re #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas by American International South InsuraJOINT MOTION for Hearing re #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas by American International South Insura, #380 JOINT MOTION for Reconsideration re #376 Order, Terminate Motions, Set Deadlines, Set Hearings,,,,,,,,,,,, by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio CasualtJOINT MOTION for Reconsideration re #376 Order, Terminate Motions, Set Deadlines, Set Hearings,,,,,,,,,,,, by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio CasualtJOINT MOTION for Reconsideration re #376 Order, Terminate Motions, Set Deadlines, Set Hearings,,,,,,,,,,,, by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualt, #397 JOINT MOTION to Sever by Alexander Edmondson, Westfield National Insurance Company, #389 MOTION to Strike #386 REPLY,,, by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company MOTION for Order by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company MOTION to Strike #386 REPLY,,, by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company MOTION to Strike #386 REPLY,,, by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company (TED)
January 12, 2009 Filing 410 MOTION for Order by Stella Christine Geise Granting Final Approval to Class Action Settlement and Related Relief Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support, #2 Affidavit Affidavit of Connie Auten-Lorenz, #3 Affidavit Fee Affidavit: Mason, #4 Affidavit Fee Affidavit: Whitfield, #5 Affidavit Fee Affidavit: Nordloh, #6 Affidavit Affidavit: Edmondson & Associates, #7 Proposed Order)(Reed, Jason)
January 12, 2009 Filing 409 CONSENT MOTION for Order by Alexander Edmondson Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support of Motion For Order Granting Final Approval of Settlement, #2 Affidavit of Westfield Analyst in capacity as Settlement Administrator, #3 Affidavit Attorney Nordloh Fee Verification, #4 Affidavit Attorney Mason Fee Verification, #5 Affidavit Attorney Whitfield Fee Verification, #6 Proposed Order Granting Final Approval of Settlement Agreement)(Nordloh, Christopher)
January 8, 2009 Opinion or Order Filing 408 ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT: 1) The proposed class action Settlement Agreement is preliminarily approved as fair, adequate and reasonable. The parties shall comply with paragraphs 1-13 of Order. Final Approval Hearing will be conducted 4/28/2009 01:30 PM in Covington before Judge David L. Bunning Fifth Floor of U.S. Courthouse, 35 W. 5th Street, Covington, KY. At the Final Approval Hearing, the Court will address whether the settlement should be finally approved and whether and in what amount Class Counsel shall be awarded their attorney's fees, costs and expenses.. Signed by David L. Bunning on 1/8/09.(TED)cc: COR
January 8, 2009 ***FILE SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #407 Notice of Filing (TED)
January 7, 2009 Filing 407 NOTICE OF FILING by Charles Hamilton with consent of Stewart Title (Attachments: #1 Exhibit Long Form Notice with Revised Claim Form, #2 Proposed Order Granting Preliminary Approval of Class Settlement)(Nordloh, Christopher)
December 22, 2008 Filing 406 RESPONSE to #397 the Joint Motion to Sever Settling Class Members' Claims filed by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company. (McClellan, Rand)
December 22, 2008 Filing 405 MINUTE ENTRY ORDER FOR STATUS CONFERENCE held on 12/19/08 before Judge David L. Bunning. 1) Motion for order granting preliminary approval of class action settlement #399 is GRANTED; 2) Plf shall file a revised claim form no later than 1/8/09; 3) Final Approval hearing is scheduled for 4/28/2009 01:30 PM in Covington before Judge David L. Bunning. (Court Reporter JOAN AVERDICK.) (TED)cc: COR
December 11, 2008 Filing 404 SUPPLEMENTAL MEMORANDUM in Opposition re MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nic filed by American International South Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company. ORDERED FILED per #403 ." (JMM)
December 11, 2008 Opinion or Order Filing 403 ORDER: Accordingly,IT IS ORDERED HEREIN: 1. The motion of the above five defendants to file a joint supplemental brief #368 is granted and the tendered memorandum #368 is accepted by this court; 2. The motion of plaintiffs to extend time to file a reply memorandum #370 is likewise granted with the subsequently filed reply memorandum considered as timely filed. Signed by Judge J. Gregory Wehrman on 12/11/2008. (JMM)cc: COR
December 10, 2008 Opinion or Order Filing 402 ORDER granting #401 Motion to Appear Pro Hac Vice for attorney Jeffrey E. Crane to appear as counsel for defendant Stewart Title. Signed by Judge J. Gregory Wehrman on 12/10/08. (TED)cc: COR
December 10, 2008 ***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE WEHRMAN for review: #401 MOTION for Jeffrey E. Crane to Appear Pro Hac Vice by Stewart Title ( Filing fee $65; receipt number 1370165) MOTION for Jeffrey E. Crane to Appear Pro Hac Vice by Stewart Title ( Filing fee $65; receipt number 1370165) (TED)
December 10, 2008 BAR STATUS Check completed as to Jeffrey E. Crane re #401 MOTION for Jeffrey E. Crane to Appear Pro Hac Vice by Stewart Title ( Filing fee $65; receipt number 1370165) MOTION for Jeffrey E. Crane to Appear Pro Hac Vice by Stewart Title ( Filing fee $65; receipt number 1370165). (TED)
December 9, 2008 Filing 401 MOTION for Jeffrey E. Crane to Appear Pro Hac Vice by Stewart Title ( Filing fee $65; receipt number 1370165)Motions referred to J. Gregory Wehrman. (Attachments: #1 Affidavit of Jeffrey E. Crane in Support of Pro Hac Vice Admission, #2 Proposed Order)(Harrison, Jack)
December 8, 2008 Opinion or Order Filing 400 ORDER re #399 CONSENT MOTION to certify Class for Settlement shall be heard on 12/19/2008 10:45 AM in Covington before David L. Bunning. Signed by David L. Bunning on 12/8/2008.(LMB)cc: COR
December 4, 2008 Filing 399 CONSENT MOTION for Order by Charles Hamilton To Certify Class for Settlement Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support, #2 Exhibit Settlement Agreement with Attachments A, A1, A2, & B, #3 Proposed Order Granting Preliminary Approval of Class Settlement)(Nordloh, Christopher)
December 4, 2008 Filing 398 NOTICE OF FILING by Alexander Edmondson, Westfield National Insurance Company re #397 JOINT MOTION to Sever by Alexander Edmondson, Westfield National Insurance Company (Attachments: #1 Proposed Order Granting Joint Motion to Sever Claims of Westfield Settlement Class Members)(Nordloh, Christopher)
December 4, 2008 NOTICE OF DEFICIENCY TO Christopher Nordloh re #397 JOINT MOTION to Sever by Alexander Edmondson, Westfield National Insurance Company ; Attorney has failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney. Attorney shall prepare a pleading entitled "Notice of Filing" (with a certificate of service), file the Notice using the event "Notice of Filing", attach the proposed order and create a link to the related docket entry within 3 business days. cc: COR (TED)
December 3, 2008 Filing 397 JOINT MOTION to Sever by Alexander Edmondson, Westfield National Insurance Company Motions referred to J. Gregory Wehrman. (Nordloh, Christopher) (Additional attachment(s) added on 12/5/2008: #1 Proposed Order) (TED).
December 1, 2008 Filing 396 RESPONSE to Motion re #395 JOINT MOTION for Hearing re #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas by American International South InsuraJOINT MOTION for Hearing re #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas by American International South InsuraJOINT MOTION for Hearing re #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas by American International South Insura filed by Donald Gary Wilson, Suzanne Wilson, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Robert Nesbitt, Brenda Adamkiewicz, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas. (Attachments: #1 Exhibit E-Mail Exchange Between Counsel)(Reed, Jason)
November 14, 2008 Filing 395 JOINT MOTION for Hearing re #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas by American International South Insurance Company, Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Nationwide Mutual Insurance Company, Ohio Casualty Insurance Company Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Eckelberry, Rodger)
October 28, 2008 Filing 394 REPLY to Response to Motion re #389 MOTION to Strike #386 REPLY,,, by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company MOTION for Order by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company MOTION to Strike #386 REPLY,,, by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company MOTION to Strike #386 REPLY,,, by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company filed by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company. (Dusing, Gerald)
October 14, 2008 Filing 393 RESPONSE in Opposition re #389 MOTION to Strike #386 REPLY,,, by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company MOTION for Order by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company MOTION to Strike #386 REPLY,,, by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company MOTION to Strike #386 REPLY,,, by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company filed by Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas. (Mason, Gary)
October 6, 2008 Filing 392 NOTICE OF FILING by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, L. Craig Kendrick, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas (Attachments: #1 Appendix Franklin County Cases from which Counsel Withdrew, #2 Exhibit Order, #3 Exhibit Order, #4 Exhibit Order, #5 Exhibit Order, #6 Exhibit Order, #7 Exhibit Order, #8 Exhibit Order, #9 Exhibit Order, #10 Exhibit Order, #11 Exhibit Order, #12 Exhibit Order, #13 Exhibit Order, #14 Exhibit Order, #15 Exhibit Order)(Nordloh, Christopher)
October 6, 2008 Filing 391 Mail Returned as Undeliverable. Mail sent to Janet Rabinowich re #387 Order on Motion to Intervene, Order on Motion to Amend/Correct, Order on Motion for Reconsideration. (JMM)
September 26, 2008 Filing 390 REPLY BRIEF to #358 , #383 Reply Memorandum in Support of its Motion to Strike July 9, 2008, Declaration of Paul Manning filed by Nationwide Mutual Insurance Company. (Campbell, Drew)
September 26, 2008 Filing 389 MOTION to Strike #386 REPLY,,, by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, MOTION for Order to file Surreply in opposition to plaintiff's motion for class certification by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company Motions referred to J. Gregory Wehrman. (Attachments: #1 Tendered Sur-Reply, #2 Proposed Order MOTION TO STRIKE, #3 Proposed Order MOTION FOR LEAVE)(Dusing, Gerald) Modified text to describe motion on 9/29/2008 (TED).
September 26, 2008 Filing 388 REPLY to Response to Motion re #380 JOINT MOTION for Reconsideration re #376 Order, Terminate Motions, Set Deadlines, Set Hearings,,,,,,,,,,,, by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio CasualtJOINT MOTION for Reconsideration re #376 Order, Terminate Motions, Set Deadlines, Set Hearings,,,,,,,,,,,, by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio CasualtJOINT MOTION for Reconsideration re #376 Order, Terminate Motions, Set Deadlines, Set Hearings,,,,,,,,,,,, by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualt filed by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company. (Attachments: #1 Exhibit A - Business Courier of Cincinnati, Insurers Agree to Payouts for Overbilling in Kentucky)(Dusing, Gerald)
September 25, 2008 Opinion or Order Filing 387 MEMORANDUM ORDER 1) Denying #372 Motion to Intervene; Denying #372 Motion to Amend/Correct; Denying #372 Motion for Reconsideration would-be plff Riches, as joined by any and all purported co-plffs as violative of the general injunction prohibiting Riches from filing complaints in this court; alternatively, the same motions are denied as frivolous on the merits. 2) Clerk of court shall electronically serve a copy of this order upon every district judge and magistrate judge in this district in order to assist this court in policing any future attempts by Riches to circumvent the orders of this court. Signed by Judge J. Gregory Wehrman on 9/25/2008. (LMB)cc: COR Modified on 9/26/2008 to add text "Memorandum Order" and order regenerated to judges and magistrates in 06-146(LMB).
September 15, 2008 ***MOTION SUBMITTED TO CHAMBERS of Bunning for review: #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas, #368 JOINT MOTION for Leave to File by American International South Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company Instanter, a Supp (SMT)
September 12, 2008 Filing 386 REPLY to #333 in Support of Plaintiffs Motion for Class Certification filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker. (Attachments: #1 Exhibit 1 Knoblock Deposition, #2 Exhibit 2 Enright Deposition, #3 Exhibit 3 Cobb Deposition, #4 Exhibit 4 Siehl Deposition, #5 Exhibit 5 Hupp Deposition, #6 Exhibit 6 Manuel Deposition, #7 Exhibit 7 Fagan Deposition, #8 Exhibit 8 Fleming Deposition, #9 Exhibit 9 Kendrick Deposition, #10 Exhibit 10 McCullough Deposition, #11 Exhibit 11 R. Dyas Deposition, #12 Exhibit 12 J. DyasDeposition, #13 Exhibit 13 Wilson Deposition, #14 Exhibit 14 Yunker Documents, #15 Exhibit 15 D. Young Deposition, #16 Exhibit 16 J. Young Deposition, #17 Exhibit 17 Nicholas Deposition)(Mason, Gary)
September 12, 2008 Filing 385 RESPONSE to #380 Joint Motion for reconsideration of order of 8/28/08 DE #376 filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas. (Attachments: #1 Exhibit Query "Filers" in 2:06-cv-141 and 2:06-cv-146, #2 Exhibit Reply Brief in support of Class Certification)(Nordloh, Christopher) Modified on 9/15/2008 to add text "Joint Motion for reconsideration of order of 8/28/08 DE #376 (SMT).
September 12, 2008 Filing 384 REPLY BRIEF to #368 in support of Joint Motion for leave to file supplemental memorandum in opposition to pla motion for class certification filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Stella Christine Geise, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas. (Attachments: #1 Exhibit Franklin County Litigation Defendants, #2 Exhibit Franklin County Waiver of potential conflict)(Nordloh, Christopher) Modified on 9/15/2008 to add text "in support of Joint Motion for leave to file supplemental memorandum in opposition to pla motion for class certification" (SMT).
September 12, 2008 Filing 383 RESPONSE in Opposition re #358 MOTION to Strike #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas by Nationwide Mutual Insurance Company July MOTION to Strike #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas by Nationwide Mutual Insurance Company July filed by Jason Young, Diana Young. (Attachments: #1 Exhibit July 9, 2008 Declaration of Paul J. Manning, #2 Exhibit Expert Report of Paul J. Manning)(Nordloh, Christopher)
September 8, 2008 Filing 382 NOTICE by American International South Insurance Company re #365 Response in Opposition to Motion,,, of Filing Supplemental Authority in Support of Defendant American International South Insurance Company's Memorandum in Opposition to Plaintiffs' Motion for Class Certification (Attachments: #1 Supplement Westlaw Supplemental Authority)(Karlsgodt, Paul)
September 5, 2008 Filing 380 JOINT MOTION for Reconsideration re #376 Order, Terminate Motions, Set Deadlines, Set Hearings,,,,,,,,,,,, by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company of the Court's Entry Granting Motion of Alexander Edmondson and Jason Reed to Withdraw as Counsel in Proceedings Regarding Defendant Westfield National Insurance Company Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Johnson, Mark)
September 4, 2008 Opinion or Order Filing 381 ORDER GRANTING #330 MOTION for Preliminary Approval of Class Action Settlement Agreement between Plaintiff Alexander Edmonson, individually and on behalf of the proposed Settlement Class, and Defendant Westfield National Insurance Company. 1) The settlement class is hereby preliminarily certified for Settlement purposes only. 2) Proposed class action Settlement Agreement is preliminary approved as fair and adequate. (Parties to abide by paragraphs 3-15); A Fairness Hearing shall be conducted on 1/22/09 at 10:00 a.m. in Covington before Judge David L. Bunning. Signed by David L. Bunning on 9/4/2008.(JMM)cc: COR
September 2, 2008 Opinion or Order Filing 379 ORDER GRANTING #334 MOTION for Preliminary Approval of Class Action Settlement for Stella Christine Geise; 1)Proposed class action Settlement agreement is preliminary approved as fair and adequate. (Parties to abide by paragraphs 2-12); 13)Final Approval Hearing is set for 1/22/2009 at 10:00 AM in Covington before David L. Bunning. Signed by David L. Bunning on 09/02/2008.(LSG)cc: COR
September 2, 2008 ***FILE SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #378 Notice (JMM)
August 29, 2008 Filing 378 NOTICE by American International South Insurance Company of Withdrawal of Counsel of Stacy D. Mueller (Karlsgodt, Paul)
August 29, 2008 Filing 377 NOTICE OF FILING by Stella Christine Geise of Proposed Order Granting Preliminary Approval of Class Settlement with Capitol Indemnity (Reed, Jason)
August 29, 2008 ***FILE SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #375 Notice of Filing Proposed Order, (TED)
August 28, 2008 Opinion or Order Filing 376 ORDER: It is ordered: 1) Motion of Attorneys Alexander Edmondson and Jason Reed to withdraw from representation of plf Alexander Edmondson with respect to proceedings in this case pertaining to Westfield National Insurance Company #374 is GRANTED; 2) Plf Alexander Edmondson's motion for preliminary approval of settlement as to Westfield National Insurance Company #330 is GRANTED; 3) Plf Stella Grise's motion for preliminary approval of settlement as to Capitol Indemnity Corporation #334 is GRANTED; 4) Fairness hearings for proposed class settlements between Edmondson/Westfield National Insurance Company and Geise/Capitol Indemnity Corporation are set for 1/22/2009 10:00 AM before Judge David L. Bunning; 5) Plfs' counsel shall file revised proposed orders granting each of the subject motions for preliminary approval of class action sesttlement not later than 9/4/08.. Signed by David L. Bunning on 8/28/08.(TED)cc: COR
August 28, 2008 Filing 375 NOTICE OF FILING by Alexander Edmondson re #330 MOTION for Order by Alexander Edmondson Preliminarily Approving Class Action Settlement Agreement with Westfield National Insurance Company (Attachments: #1 Proposed Order Granting Preliminary Approval of Class Action Settlement with Westfield National Insurance Co.)(Nordloh, Christopher)
August 27, 2008 Filing 374 MOTION to Withdraw as Attorney by Alexander Edmondson and Jason Reedand Edmondson & Associates from Representation of Alexander Edmondson Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Reed, Jason) Modified on 8/28/2008 (TED).
August 27, 2008 Filing 373 NOTICE OF FILING by Alexander Edmondson of Renouncement of Fees and Incentive Award in Class Settlement (Attachments: #1 Renouncement of Fees and Incentive Award)(Reed, Jason)
August 25, 2008 Filing 372 PRO SE MOTION to Intervene by Emma Snowsill, Janet Rabinowich, Jonathan Lee Riches, PRO SE MOTION to Amend Complaint by Emma Snowsill, Janet Rabinowich, Jonathan Lee Riches and PRO SE MOTION for Reconsideration by Emma Snowsill, Janet Rabinowich, Jonathan Lee RichesMotions referred to J. Gregory Wehrman. (Attachments: #1 Pro se envelope)(TED)
August 25, 2008 Filing 371 RESPONSE to Motion re #368 JOINT MOTION for Leave to File supplemental memorandum in opposition to plf's motion for class certification by American International South Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company Instanter, a Supp filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas. (Nordloh, Christopher) Modified to describe #368 in docket text on 8/26/2008 (TED).
August 25, 2008 Filing 370 CONSENT MOTION for Extension of Time to File Response/Reply as to #358 MOTION to Strike #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas by Nationwide Mutual Insurance Company July MOTION to Strike #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas by Nationwide Mutual Insurance Company July by Jason Young, Diana Young Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order Granting Extension of Time to Respond to Motion)(Nordloh, Christopher)
August 20, 2008 Opinion or Order Filing 369 ORDER: It is ordered that #363 MOTION for Extension of Time to File Reply by plaintiffs and #363 MOTION for Leave to File Excess Pages by plaintiffs is GRANTED. Plaintiff's Reply Memoranda in support of motion for class certification shall be filed on or before 9/12/2008. It is further ordered that plaintiffs' motion to exceed the page limits of L.R. 7.1 shall be GRANTED. Signed by Judge J. Gregory Wehrman on 8/20/08.(TED)cc: COR
August 18, 2008 Filing 368 JOINT MOTION for Leave to File supplemental memorandum in opposition to plaintiffs' motion for class certification by American International South Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company Instanter, a Supplemental Memorandum in Opposition to Plaintiffs' Motion For Class Certification on The Basis of Inadequacy of Class Counsel Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support Jt. Supplemental Memo in Opp to Plaintiffs' Motion For Class Certification on The Basis of Inadequacy of Class Counsel, #2 Proposed Order)(Eckelberry, Rodger) Modified text to describe motion on 8/19/2008 (TED).
August 18, 2008 Filing 367 RESPONSE to #363 Plaintiffs' Motion for Extension filed by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company. (McClellan, Rand)
August 18, 2008 Filing 363 MOTION for Extension of Time to File Response/Reply by Donald Gary Wilson, Suzanne Wilson, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Robert Nesbitt, Brenda Adamkiewicz, Greg Adamkiewicz, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas, MOTION for Leave to File Excess Pages by Donald Gary Wilson, Suzanne Wilson, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Robert Nesbitt, Brenda Adamkiewicz, Greg Adamkiewicz, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Reed, Jason)
August 14, 2008 Opinion or Order Filing 366 ORDER granting #353 Motion for Order. Redacted Exhibit A to State Farm's motion is substituted for Exhibit 1 to the deposition of Robert Dyas #345 and Redacted Exhibit B to State Farm's motion is substituted for Exhibit 1 to the deposition of Donald Gary Wilson #347 . Signed by Judge J. Gregory Wehrman on 8/14/08. (TED)cc: COR
August 14, 2008 Opinion or Order Filing 364 ORDER: It is ordered that #354 Motion for Leave to File joint Brief in opposition to plaintiffs' motion for class certification on the issue of class definition and for good cause shown, the Court GRANTS the motion. The Joint Brief attached as Exhibit 1 to the defendants' motion is deemed filed as of 8/11/08. Signed by Judge J. Gregory Wehrman on 8/14/08. (TED)cc: COR
August 13, 2008 Filing 362 NOTICE OF FILING by Nationwide Mutual Insurance Company re #359 MOTION in Limine by Nationwide Mutual Insurance Company to Exclude Plaintiffs' Proposed Expert Witness, Notice of Deficiency,, (Attachments: #1 Proposed Order)(Campbell, Drew)
August 12, 2008 NOTICE OF DEFICIENCY TO Drew Campbell re #359 MOTION in Limine by Nationwide Mutual Insurance Company to Exclude Plaintiffs' Proposed Expert Witness ; Attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney. Attorney shall prepare a pleading entitled "Notice of Filing" (with a certificate of service), file the Notice using the event "Notice of Filing", attach the proposed order and create a link to the related docket entry within 3 business days. cc: COR (TED)
August 11, 2008 Filing 365 JOINT MEMORANDUM in Opposition re #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas filed by American International South Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Nationwide Mutual Insurance Company, Ohio Casualty Insurance Company. (FILED pursuant to Order #364 ) (Attachments: #1 Appendix 1-Expert Report of Prof. Martin H. Redish, #2 Appendix 2-Expert Report of Dean Robert Klonoff, #3 Appendix 3-Expert Report of Prof. Linda Mullinex, #4 Appendix 3-Supplemental Report of Profs. Linda Mullinex, #5 Appendix 4-Expert Report of Dr. Craig Knoblock, #6 Appendix 5-Declaration of Thomas Siehl, #7 Appendix 6-Affidavit of Ryan Hupp, #8 Appendix 7-Affidavit of Susan Manuel, #9 Appendix 8-Declaration of Michael Palm)(TED) (Additional attachment(s) added on 9/9/2008: #10 Westlaw Supplemental authority filed with Notice #382 ) (TED).
August 11, 2008 Filing 361 RESPONSE in Opposition re #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas filed by American International South Insurance Company. (Attachments: #1 Exhibit A - Local Government Premium Taxes 2006-2007 Schedule, #2 Exhibit B - 2006-01 Bulletin, #3 Exhibit C - McCullough Depo Excerpts, #4 Exhibit D - AIS First Discovery Requests, #5 Exhibit E - Hupp Depo Excerpts, #6 Exhibit F - Knoblock report pages 1-29, #7 Exhibit F - Knoblock report pages 30-52, #8 Exhibit F - Knoblock pages 53-79, #9 Exhibit G - Knoblock Depo Excerpts, #10 Exhibit H - Manning Depo Excerpts, #11 Exhibit I - Enright Depo Excerpts, #12 Exhibit J - AIS Supplemental Discovey Responses, #13 Exhibit K - AIS Second Supplemental Interrogatory Responses, #14 Exhibit L - AIS Combined Supplemental Discovery Responses, #15 Exhibit M - McCullough Policy-Renewal Docs pages 1-32, #16 Exhibit M - McCullough Policy-Renewal Docs pages 33-69)(Karlsgodt, Paul)
August 11, 2008 Filing 360 NOTICE OF FILING by Nationwide Mutual Insurance Company Deposition of Diana Young (Attachments: #1 Exhibit Exhibit A 1 of 8) Deposition Transcript of Diana Young, #2 Exhibit A 2 of 8) Deposition Transcript of Diana Young, #3 Exhibit A 3 of 8) Deposition Transcript of Diana Young, #4 Exhibit A 4 of 8) Deposition Transcript of Diana Young, #5 Exhibit A 5 of 8) Deposition Transcript of Diana Young, #6 Exhibit A 6 of 8) Deposition Transcript of Diana Young, #7 Exhibit A 7 of 8) Deposition Transcript of Diana Young, #8 Exhibit A 8 of 8) Deposition Transcript of Diana Young)(Campbell, Drew)
August 11, 2008 Filing 359 MOTION in Limine by Nationwide Mutual Insurance Company to Exclude Plaintiffs' Proposed Expert Witness Motions referred to J. Gregory Wehrman. (Campbell, Drew) (Additional attachment(s) added on 8/14/2008: #1 Proposed Order) (TED).
August 11, 2008 Filing 358 MOTION to Strike #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas by Nationwide Mutual Insurance Company July 9, 2008 Declaration of Paul Manning Motions referred to J. Gregory Wehrman. (Attachments: #1 Exhibit A) Proposed Order, #2 Exhibit B) Excerpts of Manning Deposition Transcript)(Campbell, Drew)
August 11, 2008 Filing 357 RESPONSE in Opposition re #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas filed by Nationwide Mutual Insurance Company. (Attachments: #1 Exhibit A) Proposed Order, #2 Exhibit B) Declaration of Julie Cobb, #3 Exhibit C) Declaration of Richard Yuill, #4 Exhibit D) Excerpts of Diana Young Transcript, #5 Exhibit E) Excerpts of Jason Young Transcript, #6 Exhibit F) Excerpts of Julie Cobb Transcript, #7 Exhibit G) Excerpts of Yuill Transcript, #8 Exhibit H) Young's Answers to 1st Interrogatories and RFPODs, #9 Exhibit I) Expert Report of Martin H. Redish, #10 Exhibit J) Declaration of Linda Mullenix, #11 Exhibit K) Expert Report of Klonoff)(Campbell, Drew)
August 11, 2008 Filing 356 NOTICE OF FILING by Nationwide Mutual Insurance Company Expert Report of Professor Martin H. Redish (Attachments: #1 Exhibit A) Expert Report of Professor Martin H. Redish)(Campbell, Drew)
August 11, 2008 Filing 355 RESPONSE to Motion re #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas filed by Standard Fire Insurance Company, Travelers Property Casualty Insurance Company. (Attachments: #1 Exhibit A-Yunker Deposition, #2 Exhibit B-Fagan Deposition, #3 Exhibit C-Manning Deposition, #4 Proposed Order)(Renzelmann, Jason)
August 11, 2008 Filing 354 JOINT MOTION for Leave to File by American International South Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Nationwide Mutual Insurance Company, Ohio Casualty Insurance Company Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order Proposed Order, #2 Memorandum in Support Joint Memo in Opposition to Plaintiffs' Motion For Class Certification on the Basis of Uncertifiable Class Definition, #3 Appendix 1 - Expert Report of Prof. Martin H. Redish, #4 Appendix 2 - Expert Report of Dean Robert Klonoff, #5 Appendix 3 - Expert Report of Prof. Linda Mullinex, #6 Appendix 3 - Supplemental Report of Profs. Linda Mullinex, #7 Appendix 4 - Expert Report of Dr. Craig Knoblock, #8 Appendix 5 - Declaration of Thomas Siehl, #9 Appendix 6 - Affidavit of Ryan Hupp, #10 Appendix 7 - Affidavit of Susan Manuel, #11 Appendix 8 - Declaration of Michael Palm)(Eckelberry, Rodger)
August 11, 2008 Filing 353 MOTION for Order by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company to Substitute Exhibit 1 to Docket Numbers 345 and 347 Motions referred to J. Gregory Wehrman. (Attachments: #1 Exhibit A: Dyas Application for Insurance (Redacted), #2 Exhibit B: Wilson Application for Insurance (Redacted), #3 Proposed Order Granting Motion)(McClellan, Rand)
August 11, 2008 Filing 352 NOTICE OF FILING by Nationwide Mutual Insurance Company Deposition of Jason Young (Attachments: #1 Exhibit A 1 of 2) Deposition Transcript of Jason Young, #2 Exhibit A 2 of 2) Contd. Deposition Transcript of Jason Young)(Campbell, Drew)
August 11, 2008 Filing 351 NOTICE OF FILING by Nationwide Mutual Insurance Company Deposition of Julie Cobb (Attachments: #1 Exhibit A) Deposition Transcript of Julie Cobb)(Campbell, Drew)
August 11, 2008 Filing 350 NOTICE OF FILING by Nationwide Mutual Insurance Company Deposition Transcript of Richard Yuill (Attachments: #1 Exhibit A) Yuill Deposition Transcript)(Campbell, Drew)
August 11, 2008 Filing 349 RESPONSE in Opposition re #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas filed by West American Insurance Company, Ohio Casualty Insurance Company. (Attachments: #1 Appendix 1 - KOI Local Govt Premium Tax Schedule and Listing of Payees and Addresses, #2 Appendix 2 - Final Report of the Task Force on Local Taxation, #3 Appendix 3 - Craig Kendrick Excerpts, #4 Appendix 4 - Kendrick Applications for Insurance, #5 Appendix 5 - Nichols Applications for Insurance, #6 Appendix 6 - Helen Vale Excerpts, #7 Appendix 7 - Tom Siehl Excerpts, #8 Appendix 8 - Kevin Kelley Excerpts, #9 Appendix 9 - Lean Lewis Excerpts, #10 Appendix 10 - Jon Nicholas Excerpts, #11 Appendix Transcript of 12/12/07 Hearing)(Eckelberry, Rodger)
August 8, 2008 Clerk's Note: re #347 Notice of Filing, #345 Notice of Filing. Attachment 1 restricted to court login per request from counsel McClellan. (TED)
August 8, 2008 Filing 348 RESPONSE in Opposition re #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas filed by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company. (Attachments: #1 Appendix A: Affidavit of Gloria Pack, #2 Appendix B: Affidavit of Susan Manuel, #3 Appendix C: Wilson Application for Insurance, #4 Appendix D: Excerpts from Deposition of Donald Wilson, #5 Appendix E: Wilson Renewal Statement, #6 Appendix F: Dyas Application for Insurance, #7 Appendix G: Excerpts from Deposition of Robert Dyas, #8 Appendix H: Report of Professor Linda Mullinex, #9 Appendix I: Supplemental Report of Professor Mullinex, #10 Appendix J: Report of Dr. Craig Knoblock, #11 Appendix K: Final Report of the Task Force on Local Taxation)(McClellan, Rand)
August 8, 2008 Filing 347 NOTICE OF FILING by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company Deposition of Donald Gary Wilson (Attachments: #1 Exhibit 1: Application for Insurance, #2 Exhibit 3: Policy Status, #3 Exhibit 4: Policy Renewal Statements)(McClellan, Rand) (Additional attachment(s) added on 8/18/2008: #4 Exhibit B-Redacted Wilson application for insurance) (TED).
August 8, 2008 Filing 346 NOTICE OF FILING by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company Deposition of Suzanne Wilson (McClellan, Rand)
August 8, 2008 Filing 345 NOTICE OF FILING by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company Deposition of Robert Dyas (Attachments: #1 Exhibit 1: Application for Insurance, #2 Exhibit 3: Policy Status)(McClellan, Rand) (Additional attachment(s) added on 8/18/2008: #3 Exhibit A-Redacted Dyas Application for Insurance) (TED).
August 8, 2008 Filing 344 NOTICE OF FILING by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company Deposition of Johnna Dyas (McClellan, Rand)
August 6, 2008 Filing 343 NOTICE OF MANDATORY ECF DIRECTED TO CRAIG A. COHEN, non-registered attorney re #342 Order and #341 Order on Motion for Order, MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (TED)
August 4, 2008 Filing 342 FINAL ORDER AND DECREE GRANTING APPROVAL OF STIPULATION OF SETTLEMENT AND DIRECTING ENTRY OF JUDGMENT: It is ordered: 1) Motion for final approval of proposed settlement is granted and parties are directed to consummate the terms of Stipulation of Settlement; 2) All claims in this action against Hartford Underwriters are hereby dismissed with prejudice; 3) Pursuant to Rule 54(b) of Federal Rules of Civil Procedure, Final Judgment shall be immediately entered as to all claims in the action between plfs and Hartford Underwriters. There is no just reason for delay in entering this Final Judgment; 4) The four separate Settlement Sub-Classes described are certified for settlement purposes only; 5) Settlement Class Rep Yunker is awarded an additional $5,000 for her claim for damages; 6) Class counsel's application for attorney fees is granted and class counsel shall be awarded 33 1/3% of the Settlement fund, in the amount of $584,592.33; 7) The released parties described in the Stipulation are released and discharged from any and all liability with respect to the settled claim as set forth in stipulation; 8) Court shall reserve jurisdiction over all matters relating to administration and consummation of terms of stipulation of settlement, over the enforcement, construction and interpretation of judgment, etc; 9) In order to protect the continuing jurisdiction of court and to protect and effectuate the court's judgment in this action, the settlement class rep and all members of the settlement class are permanently barred and enjoined from instituting, commencing, continuing to prosecute any action in this court, any other federal court, state court or any other tribunal or form of any kind against Hartford Underwriters or any of the released parties that asserts any claims that are settled claims under the terms of the Stipulation of Settlement and providing that any person or entity who knowingly violates such injunction will pay the costs and attorney fees incurred by any person or entity as a result of the violation.. Signed by David L. Bunning on 8/4/08.(TED)cc: COR
August 4, 2008 Opinion or Order Filing 341 ORDER: It is ordered that plaintiff's motion for final approval of settlement agreement with Hartford Underwriters Insurance Company #336 is hereby granted. Final Order approving settlement agreement, certifying settlement class and approving attorney's fees and settlement class representative incentive award to be separately entered by the Court. Signed by David L. Bunning on 8/4/08. (TED)cc: COR
August 4, 2008 Filing 340 NOTICE OF FILING by Ruth Culyer re #339 Amended Document Exhibit "A" (List of Class Members Excluded from Settlement) (Reed, Jason)
July 30, 2008 Filing 339 AMENDED DOCUMENT by Martha Yunker. Amendment to #336 MOTION for Order by Martha Yunker For Final Approval of Class Settlement : Revised Proposed Order. (Reed, Jason)
July 24, 2008 NOTICE OF DOCKET MODIFICATION TO R. Eckelberry re #337 Response in Support of Motion; Error 1: Attorney incorrectly filed the reply to #327 using the event "response". Entry by attorney. Clerk has modified the docket text of #337 to state this was incorrectly filed. Clerk has filed the reply as #328 for report purposes. In the future, the attorney is advised to contact the ECF help desk if assistance is needed in choosing the correct event for filing. Error 2: Attachments were insufficiently described as "Exhibit". Entry by attorney. Correction: Clerk has renamed the attachments. It is necessary that all attachments are adequately described. ex: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (TED)
July 23, 2008 Filing 338 REPLY to Response to Motion re #327 JOINT MOTION in Limine by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company to Exclude Plaintiffs' Proposed Expert Witness filed by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company. FILED pursuant to QC DE #337 . (Attachments: #1 Exhibit A-3-17-08 Letter to Jason Reed from McNellie, #2 Exhibit B- 3-28-08 Memo from Mark Johnson to Nordloh, #3 Exhibit C- Fed Ex Invoice 4-2-08, #4 Exhibit D - 3-31-08 Memo from Nordloh to Taylor, #5 Exhibit E- 3-14-08 and 3-31-08 Letters to Reed from Hamilton)(TED)
July 23, 2008 Filing 337 INCORRECTLY FILED RESPONSE in Support re #327 JOINT MOTION in Limine by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company to Exclude Plaintiffs' Proposed Expert Witness filed by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Eckelberry, Rodger) Modified on 7/24/2008 (TED). SEE DE #338 for correct entry.
July 21, 2008 Filing 336 MOTION for Order by Martha Yunker For Final Approval of Class Settlement Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support, #2 Affidavit Aaronian Declaration, #3 Affidavit Castaneda Declaration, #4 Affidavit Mason Declaration, #5 Affidavit Edmondson Certification, #6 Affidavit Nordloh Certification, #7 Affidavit Whitfield Certification, #8 Proposed Order)(Reed, Jason) (Additional attachment(s) added on 7/31/2008: #9 Revised Proposed Order) (JMM). Modified on 7/31/2008 (to attach Revised Proposed Order)(JMM). (Additional attachment(s) added on 8/5/2008: #10 Exhibit A to proposed order approving settlement) (TED).
July 14, 2008 Opinion or Order Filing 335 ORDER re #334 MOTION for Order by Stella Christine Geise Preliminarily Approving Class Action Settlement with Capitol Indemnity Corp. filed by Stella Christine Geise, Motion Hearing set for 8/28/2008 09:30 AM in Covington before Judge David L. Bunning.. Signed by David L. Bunning on 7/14/08.(TED)cc: COR
July 11, 2008 Filing 334 MOTION for Order by Stella Christine Geise Preliminarily Approving Class Action Settlement with Capitol Indemnity Corp. Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support, #2 Exhibit Settlement Agreement, #3 Proposed Order)(Reed, Jason)
July 11, 2008 NOTICE OF DOCKET MODIFICATION TO Jason Reed re #333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas ; Error: Attachments were insufficiently described as "Exhibit 1", "Exhibit 2".; Entry by Attorney; Correction: Clerk has renamed the attachments. It is necessary that all attachments are adequately described. ex: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (TED)
July 10, 2008 Filing 333 MOTION to Certify Class by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Martha Yunker, John Nicholas (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Proposed Order)(Reed, Jason)
July 10, 2008 Opinion or Order Filing 332 ORDER: Motion Hearing set for 8/28/2008 09:30 AM in Covington before Judge David L. Bunning re: #330 MOTION for Order by Alexander Edmondson Preliminarily Approving Class Action Settlement Agreement with Westfield National Insurance Company filed by Alexander Edmondson. Signed by David L. Bunning on 7/10/08.(TED)cc: COR
July 9, 2008 Filing 331 RESPONSE in Opposition re #327 JOINT MOTION in Limine by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company to Exclude Plaintiffs' Proposed Expert Witness filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Stella Christine Geise, Martha Yunker, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning. (Attachments: #1 Exhibit Declaration of Paul Manning, Info Tech, Inc., #2 Exhibit Deposition Transcript of Paul Manning, #3 Exhibit Correspondence from counsel, Ind. Ins., #4 Exhibit Correspondence with counsel, State Farm, #5 Exhibit Deposition Transcript of Craig Knoblock)(Nordloh, Christopher)
July 9, 2008 Filing 330 MOTION for Order by Alexander Edmondson Preliminarily Approving Class Action Settlement Agreement with Westfield National Insurance Company and for scheduling of fairness hearing. Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support, #2 Exhibit Class Action Settlement Agreement, #3 Proposed Order)(Reed, Jason) Modified text to include scheduling of fairness hearing on 7/10/2008 (TED).
June 25, 2008 Filing 329 NOTICE OF FILING by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company re #327 JOINT MOTION in Limine by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company to Exclude Plaintiffs' Proposed Expert Witness, #328 MEMORANDUM IN SUPPORT, (Attachments: #1 Exhibit A - Proposed Order)(Eckelberry, Rodger)
June 24, 2008 Filing 328 MEMORANDUM IN SUPPORT of #327 Joint Motion in Limine to Exclude Plaintiffs' Proposed Expert Witness filed by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company. (Attachments: #1 Exhibit A - Declaration of Paul J. Manning)(Eckelberry, Rodger)
June 24, 2008 Filing 327 JOINT MOTION in Limine by West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Ohio Casualty Insurance Company to Exclude Plaintiffs' Proposed Expert Witness Motions referred to J. Gregory Wehrman. (Eckelberry, Rodger) (Additional attachment(s) added on 6/25/2008: #1 Proposed Order) (TED).
June 20, 2008 Filing 326 NOTICE OF FILING by West American Insurance Company, Ohio Casualty Insurance Company of Deposition of Paul J. Manning (Attachments: #1 Deposition of Paul J. Manning)(Eckelberry, Rodger)
June 17, 2008 Filing 325 NOTICE to Take Deposition of Kentucky Farm Bureau Mutual Insurance Company on June 26, 2008 10:00 a.m. EDT by Matthew T. Sanning.(Whitfield, John)
June 3, 2008 Filing 321 AMENDED NOTICE to Take Deposition of Craig A. Knoblock on June 6, 2008, 10:00 a.m. Pacific Time by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas.(Nordloh, Christopher)
June 2, 2008 Filing 320 NOTICE to Take Deposition of Craig A. Knoblock on June 6, 2008, 1:00 p.m. Pacific by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas.(Nordloh, Christopher)
May 27, 2008 Filing 324 REDACTED COPY Change of Address for Joseph E. Fineman and Lois L. Fineman. (Original document placed on shelf in clerk's office). (TED)
May 23, 2008 Filing 323 REDACTED COPY Change of address filed by Stephen A. and Margaret Whyte. (Original document placed on shelf in Clerk's office). (TED)
May 23, 2008 Filing 319 NOTICE by American International South Insurance Company of Service of Subpoena for the Production of Documents Directed to Allstate Insurance Company (Moorhead, John)
May 22, 2008 Filing 322 REDACTED COPY Notice of exclusion filed by William J. French and Dora B. French. (Original document placed on shelf in Clerk's office) (TED)
May 19, 2008 Filing 318 REDACTED ADDENDUM to OBJECTION to proposed settlement filed at #317 by Duane Manderville as to #289 Order granting motion for preliminary approval of class action settlement of Hartford Underwriters. (original placed in envelope on shelf in Clerk's office). (TED) Modified adding link to #289 on 5/21/2008 (Dallas, Tammy).
May 16, 2008 Filing 316 RESPONSE to Discovery Request by Cincinnati Insurance Company.(Harrison, Jack)
May 16, 2008 Filing 315 RESPONSE to Discovery Request by Stewart Title.(Harrison, Jack)
May 16, 2008 Filing 314 NOTICE to Take Deposition of State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty Company on June 6, 2008 9:00 a.m. Central time by Donald Gary Wilson, Suzanne Wilson.(Whitfield, John)
May 16, 2008 Filing 312 NOTICE OF APPEARANCE As Additional Counsel by Indiana Insurance Company. (Eckelberry, Rodger)
May 16, 2008 NOTICE OF DOCKET MODIFICATION TO Drew Campbell re #311 Notice of Filing ; Error 1: Attorney incorrectly filed the Notice of expert witness compliance using the event "Notice of Filing." Entry by attorney. Clerk has modified the text of #311 to state this was incorrectly filed. Clerk has filed the Notice as #313 . In the future the attorney is advised to contact the ECF help desk if assistance is needed in choosing the correct event for filing; Error 2: Attorney failed to create a link to the related document #284 Order. Entry by attorney. In the future the attorney is advised to create a link to the related document. No further action is required by counsel. cc: COR (TED)
May 15, 2008 Filing 313 NOTICE of expert witness disclosure compliance by Nationwide Mutual Insurance Company re #284 Order. FILED pursuant to QC DE #311 . (TED)
May 15, 2008 Filing 311 INCORRECTLY FILED NOTICE OF FILING by Nationwide Mutual Insurance Company Expert Witness Disclosure Compliance (Campbell, Drew) Modified text on 5/16/2008 (TED). SEE DE #313 for correct entry.
May 15, 2008 Filing 310 NOTICE by Progressive Direct Insurance Company re #284 Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Compel, Order on Motion to Strike,,,,,,,,,,,,,,, Pre-Certification Expert Witness Compliance per Court's Order of 2/25/08 (Attachments: #1 Exhibit A - Klonoff report and resume)(Miller, Donald)
May 15, 2008 Filing 309 NOTICE by West American Insurance Company, Indiana Insurance Company re #284 Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Compel, Order on Motion to Strike,,,,,,,,,,,,,,, Pre-Certification Expert Witness Compliance per Court's Order of 2/25/08 (Attachments: #1 Exhibit A - Klonoff report and resume)(Miller, Donald)
May 15, 2008 Filing 308 INCORRECT - NOTICE by Progressive Direct Insurance Company re #284 Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Compel, Order on Motion to Strike Pre-Certification Expert Witness Compliance per Court's Order of 2/25/08 (Attachments: #1 Exhibit A - Klonoff report and resume)(Miller, Donald) Modified on 5/15/2008 (KJR). (See DE #310 for the correct filing of this Notice).
May 15, 2008 Filing 307 NOTICE OF APPEARANCE as Additional Counsel by West American Insurance Company, Indiana Insurance Company. (Miller, Donald)
May 15, 2008 Clerk's Note: re #308 Notice; atty's secretary called & said this is an incorrect main document & is also a duplicate of DE #309 ; she is going to file the correct Notice. (KJR)
May 14, 2008 Filing 306 NOTICE to Take Deposition of Travelers Casualty Property Insurance Company on May 20, 2008 9:00 a.m. EDT by Martha Yunker.(Whitfield, John)
May 14, 2008 Filing 305 NOTICE to Take Deposition of Standard Fire Insurance Company on May 20, 2008 9:00 a.m. EDT by Martha Yunker.(Whitfield, John)
May 13, 2008 Filing 304 NOTICE to Take Deposition of Cincinnati Insurance Company on May 16, 2008 @ 9:00 a.m. (Eastern) by Michael Kiffmeyer, Laura Kiffmeyer.(Reed, Jason)
May 12, 2008 Filing 317 OBJECTION TO THE PROPOSED SETTLEMENT known as Kendrick, et al v. Standard Fire Insurance Company, et al, Case No. 06-cv-141 filed by Duane Manderville as to #289 Order granting motion for preliminary approval of class action settlement of Hartford Underwriters. (Attachments: #1 Brief No. 2, #2 Brief No. 3, #3 Envelope Manderville)(TED) Modified adding link #289 on 5/21/2008 (Dallas, Tammy).
May 7, 2008 Filing 303 AMENDED NOTICE to Take Deposition of American International South on May 8, 2008 at 11:00 a.m. (Eastern) by Karla McCullough.(Reed, Jason)
May 5, 2008 Filing 302 NOTICE to Take Deposition of Indiana Insurance on May 20, 2008, at 9:30 a.m. by Delbert Kenneth Perry, Mary Beth Perry.(Nordloh, Christopher)
April 29, 2008 Filing 301 NOTICE to Take Deposition of American International South on May 8, 2008 @ 10:00 a.m. (Eastern) by Karla McCullough.(Reed, Jason)
April 24, 2008 Filing 300 NOTICE to Take Deposition of L. Craig Kendrick on May 2, 2008, 9:00am by Ohio Casualty Insurance Company.(Gabriel, Jessie)
April 24, 2008 Filing 299 NOTICE to Take Deposition of John Nicholas on May 2, 2008, 11:00am by West American Insurance Company.(Gabriel, Jessie)
April 23, 2008 Filing 298 NOTICE to Take Deposition of Stewart Title on May 1, 2008 at 9:00 a.m. by Charles Hamilton.(Edmondson, Alexander)
April 18, 2008 Filing 297 JOINT STIPULATION OF DISMISSAL, WITH PREJUDICE, OF ALL CLAIMS AGAINST DEFENDANT CHICAGO TITLE INSURANCE COMPANY: This matter is dismissed, with prejudice, as to Chicago Title. Plaintiff and Chicago Title further stipulate and agree that plaintiff shall pay Chicago Title all of its costs incurred to date in this matter, which costs total $832.27. #224 MOTION for Summary Judgment and #285 MOTION for Reconsideration filed by Chicago Title are hereby denied as moot. Signed by David L. Bunning on 4/18/08.(TED)cc: COR
April 17, 2008 ***FILE SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #296 Stipulation of Dismissal (TED)
April 16, 2008 Filing 296 STIPULATION of Dismissal , With Prejudice, of all Claims Against Defendant Chicago Title Insurance Company by David Knight, Chicago Title Insurance Company. (Mumford, Michael)
April 15, 2008 Filing 295 NOTICE OF FILING by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas Expert Disclosure Compliance (Nordloh, Christopher)
April 7, 2008 Filing 294 INTERROGATORIES Propounded to Matthew Sanning (1st Set) by Kentucky Farm Bureau Mutual Insurance Company.(Hamilton, Joseph)
April 2, 2008 Filing 293 REQUEST for Admissions by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Nichols, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas.(Nordloh, Christopher)
March 27, 2008 Filing 292 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 3/27/2008 before Judge J. Gregory Wehrman: Conference call on discovery dispute. As it pertains to revised interrogatory #4, discovery issues have been resolved and these defendants shall promptly supplement discovery responses as more fully discussed during conference call; on or before 4/10/08 plaintiffs and these two defendants to provide document production as discussed. (Court Reporter None.) (TED)cc: COR
March 26, 2008 Filing 291 NOTICE to Take Deposition of Ohio Casualty and West American Insurance Companies on Thursday, April 3, 2008, 9:00 a.m. (Eastern) by L. Craig Kendrick, John Nicholas.(Reed, Jason)
March 6, 2008 Opinion or Order Filing 290 ORDER granting #288 Motion to Stay plfs' response. It is hereby ordered that the above motion is GRANTED. Plfs' response to Chicago Title's Motion for Reconsideration of Magistrate Wehrman's Memorandum Order of 2/25/08 is stayed until 14 days after the Court issues a ruling on Chicago Title's pending Motion for Summary Judgment. Chicago Title's response to plfs' Interrogatory No. 4 is stayed until thirty (30) days after the court rules on Chicago Title's Motion for Reconsideration of Magistrate Judge Wehrman's Memorandum Order dated 2/25/08. Signed by Judge J. Gregory Wehrman on 3/6/08. (TED)cc: COR
March 4, 2008 Opinion or Order Filing 289 ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT: Four separate Settlement Sub-Classes are preliminary certified for settlement purposes only. The stipulation of settlement between dft Hartford Underwriters and Plf Martha Yunker is adopted by the court and made a part of this Order as if set out in full. The stipulation of settlement and the terms contained therein are hereby preliminarily APPROVED as fair, reasonable, adequate. Fairness hearing is set for 8/4/2008 10:00 AM in Covington before David L. Bunning. Persons who wish to opt out of or exclude themselves from the Settlement Class may do so by submitting a written Request for Exclusion. All requests for exclusion must be mailed to the Settlement Administrator and must be postmarked no later than 30 days after the date on which the class action Settlement Notices are mailed. Any settlement class member who does not submit a valid Request for Exclusion may object to certification of the proposed Settlement Sub-Classes or to the terms of this Stipulation of Settlement by submitting to the court a written Objection. All objections must be filed with the Clerk of Court at the address set forth in the Class Action Settlement Notice with copies sent to plf's counsel and Hartford's counsel at the addresses set forth in the Class Action Settlement Notice postmarked no later than 30 days after the date the notices are mailed. All briefs and other submissions in support of the proposed Stipulation of Settlement and any application of Class Counsel for an Incentive Award or attorney's fees and reimbursement of litigation costs and expenses shall be filed with the court not later than 7/21/08. Any responses to any written objection to the Stipulation of Settlement shall be filed not less than 3 days prior to the Fairness Hearing i.e. August 1, 2008. All discovery and pretrial proceedings in this action between plfs and Hartford Underwriters are stayed and suspended except such actions as may be necessary to implement the Stipulation of Settlement and this Order. Alexander F. Edmondson and Jason Vincent Reed, Gary E. Mason, Alexander Barnett and John C. Whitfield are preliminarily approved as Class Counsel and the Court preliminarily finds that they adequately represent the interests of the Settlement Class. (See Order for specific details). Signed by David L. Bunning on 3/4/08.(TED)cc: COR Modified text adding see Order on 3/5/2008 (TED).
March 4, 2008 Filing 288 JOINT MOTION to Stay re #284 Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Compel, Order on Motion to Strike,,,,,,,,,,,,,,, #287 Order, Set Motion and R&R Deadlines/Hearings,, #285 MOTION for Reconsideration re #284 Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Compel, Order on Motion to Strike,,,,,,,,,,,,,,, by Chicago Title Insurance Company MOTION for Reconsideration re #284 Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Compel, Order on Motion to Strike,,,,,,,,,,,,,,, by Chicago Title Insurance Company by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Chicago Title Insurance Company, Martha Yunker, John Nicholas Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order Proposed Order)(Mumford, Michael)
February 29, 2008 Opinion or Order Filing 287 ORDER: Plaintiffs shall expedite any response to dft Chicago Title's #285 MOTION for Reconsideration by filing their Response by 3/6/2008. Reply Memorandum due by 3/10/2008. If plfs do not oppose the relief requested, plfs shall notify the court immediately. Signed by Judge J. Gregory Wehrman on 2/29/08.(TED)cc: COR
February 28, 2008 Opinion or Order Filing 286 ORDER AND MINUTE ENTRY FOR DOCKET CALL held 2/28/08 before Judge David L. Bunning: 1) Dft Hartford Underwriters Insurance Company #282 Motion for preliminary approval of class action settlement is GRANTED; 2) Counsel for plf shall submit to the Court within 7 days a Proposed Order; 3) Fairness hearing set for 8/4/2008 10:00 AM in Covington before David L. Bunning. (Court Reporter LISA WIESMAN.) (TED)cc: COR
February 28, 2008 Filing 285 MOTION for Reconsideration re #284 Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Compel, Order on Motion to Strike,,,,,,,,,,,,,,, by Chicago Title Insurance CompanyMotions referred to J. Gregory Wehrman. (Attachments: #1 Exhibit A - Chicago Title's Motion for Summary Judgment and Memorandum in Support Thereof, #2 Exhibit B - Chicago Title's Reply in Support of Motion for Summary Judgment, #3 Proposed Order Proposed Order)(Mumford, Michael)
February 25, 2008 Opinion or Order Filing 284 MEMORANDUM ORDER: IT IS ORDERED; 1) Dft's motion to strike #258 in 06-141 is DENIED; 2) Motions [160,167] in 06-146 are DENIED; 3) Plfs' motion to compel #234 is GRANTED IN PART AND DENIED IN PART. Dfts shall supplement their responses to Interrogatory 4 within 20 days of this Order as set out in paragraph 3; 4) Plfs' motion to review the scheduling order #231 is GRANTED in part as follows: a) Pre-certification fact discovery for consolidated cases 06-141 and 06-146 shall be commenced in time to be completed before 5/23/08 with the same limitations as otherwise noted in the court's scheduling order of 5/7/07; b) Plfs' pre-certification expert witnesses shall be disclosed on or before 4/15/08 with corresponding disclosures from dfts to be made on or before 5/15/08; c) Pre-certification expert discovery shall be completed on or before 6/13/08; d) Plfs' motion for class certification shall be filed 7/10/08 with dfts' response to be filed 8/11/08, and any reply to be filed 8/28/08; e) Both parties are cautioned that future extensions of these revised class certification deadlines are unlikely to be granted. Any party who decides to seek an extension must do so prior to expiration of deadline.. Signed by Judge J. Gregory Wehrman on 2/25/08. (TED)cc: COR
February 25, 2008 Set/Reset Deadlines: Plfs' motion for class certification shall be filed by 7/10/2008. Dfts response by 8/11/08 and any reply to be filed 8/28/08 (TED)
February 4, 2008 Opinion or Order Filing 283 ORDER: Upon review of motion for preliminary approval of stipulation of settlement with Hartford Underwriters Insurance Company and conditional certification of settlement subclasses, appointment of class counsel and class representative, approval of class notice and scheduling of fairness hearing #282 , said MOTION is set for hearing 2/28/2008 10:00 AM in Covington before David L. Bunning.). Signed by David L. Bunning on 2/4/08.(TED)cc: COR
February 2, 2008 Filing 282 MOTION for Order by Martha Yunker for Preliminary Approval of Class Action Settlement and Related Relief Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support Memorandum in Support of Motion for Preliminary Approval, #2 Exhibit Stipulation of Settlement and Related Exhibits, #3 Proposed Order Proposed Order Granting Preliminary Approval and Other Related Relief)(Reed, Jason)
January 25, 2008 Opinion or Order Filing 281 AGREED ORDER RESOLVING DISCOVERY DISPUTE: It is ordered 1) Motion of plaintiffs to compel discovery #234 is withdrawn as to Capitol Indemnity, subject to the terms of this Order; 2) Capitol Indemnity shall respond to Interrogatory 4 of plaintiffs' first set of Interrogatories and Requests for Production of Documents to defendants as modified by plaintiffs in their motion to compel and as set forth herein; 3) Plfs shall treat the response to Interrogatory 4 as "Restricted Confidential" information as provided in the Stipulated Consent Protective Order #193 and shall not use the response to contact any of the policyholders identified therein not already parties to this action until agreed by Capitol Indemnity or ordered by the court; 4) Capitol Indemnity shall provide plfs' counsel a direct response to this Interrogatory within 15 days after demand for same which shall be effective by e-mail transmission to counsel of record.. Signed by Judge J. Gregory Wehrman on 1/25/08.(TED)cc: COR
January 25, 2008 Filing 280 REPLY to Response to Motion re #234 FIRST MOTION to Compel by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Ni filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas. FILED pursuant to Order #279 (TED)
January 25, 2008 Opinion or Order Filing 279 ORDER granting #277 Plaintiffs' Motion for Extension of Time to file Reply in Support of motion to compel. Reply in support of Motion to Compel is deemed filed of record.. Signed by Judge J. Gregory Wehrman on 1/25/08. (TED)cc: COR
January 25, 2008 ***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE WEHRMAN for review: #234 FIRST MOTION to Compel by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Ni (TED)
January 16, 2008 ***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE WEHRMAN for review: #277 MOTION for Extension of Time by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, An (TED)
January 9, 2008 Filing 278 REPLY to Response to Motion re #224 MOTION for Summary Judgment by Chicago Title Insurance Company filed by Chicago Title Insurance Company. (Attachments: #1 Exhibit A - Monthly Insurance Surcharge Report)(Mumford, Michael)
January 8, 2008 Filing 277 MOTION for Extension of Time by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas to File Reply in Support of Motion to Compel Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order Proposed Order Granting Enlargement and Filing Reply, #2 Exhibit Reply in Support of Motion to Compel)(Reed, Jason)
January 7, 2008 ***FILE SUBMITTED TO CHAMBERS of MAGISTRATE WEHRMAN for review: #276 Proposed Agreed Order/Stipulation,, (TED)
January 4, 2008 Filing 276 Proposed Agreed Order/Stipulation Resolving Discovery Dispute by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Capitol Indemnity Corporation, Martha Yunker, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas. (Dance, D.)
January 4, 2008 ***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE WEHRMAN for review: #258 MOTION to Strike #256 Reply to Response to Motion,,,,, by West American Insurance Company, Ohio Casualty Insurance Company MOTION to Strike #256 Reply to Response to Motion,,,,, by West American Insurance Company, Ohio Casualty Insurance Company (TED)
January 3, 2008 NOTICE OF DOCKET MODIFICATION TO Rodger Eckelberry re #275 REPLY, ; Error: Attorney failed to create a link to the related document. Entry by Attorney; Correction: Clerk has modified the text to create the link. In the future, attorney is advised to create a link to the related document. No further action requird by counsel. cc: COR (TED)
January 2, 2008 Filing 275 REPLY to in Support of Motion to Strike Exhibits in Support of Plaintiffs' Reply in Support of Motion to Revise the Scheduling Order #258 filed by West American Insurance Company, Ohio Casualty Insurance Company. (Attachments: #1 Proposed Order)(Eckelberry, Rodger) Modified adding link to #258 on 1/3/2008 (TED).
December 28, 2007 Filing 274 RESPONSE in Opposition re #234 FIRST MOTION to Compel by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Ni Joinder in Defendants' Opposition to Motion to Compel filed by Alfa Vision Insurance. (Comodeca, James)
December 28, 2007 Filing 273 RESPONSE in Opposition re #234 FIRST MOTION to Compel by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Ni filed by Standard Fire Insurance Company, Travelers Property Casualty Insurance Company. (Rounsavall, Christa)
December 28, 2007 Filing 272 RESPONSE in Opposition re #234 FIRST MOTION to Compel by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Ni filed by Nationwide Mutual Insurance Company. (Attachments: #1 Exhibit A 1 of 2; Joint Motionof Defendants to Strike, #2 Exhibit A 2 of 2, #3 Exhibit B; Notice of Supplemental Authority in Support of Joint Motion to Strike, #4 Exhibit C; Joint Response to Plaintiff Motion to Compel)(Campbell, Drew)
December 28, 2007 Filing 271 RESPONSE in Opposition re #234 FIRST MOTION to Compel by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Ni filed by Ohio Casualty Insurance Company. (Attachments: #1 Declaration of Todd Taylor)(Eckelberry, Rodger)
December 28, 2007 Filing 270 RESPONSE to #234 Plaintiffs' Motion to Compel filed by Foremost Insurance Company. (Farris, Marjorie)
December 28, 2007 Filing 269 RESPONSE in Opposition re #234 FIRST MOTION to Compel by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Ni filed by American International South Insurance Company. (Attachments: #1 Exhibit A (Plaintiffs' First Discovery Requests), #2 Exhibit B (AIS Supplemental Response to First Discovery Requests), #3 Exhibit C-1 (Enright deposition pages 1 thru 35), #4 Exhibit C-2 (Enright deposition pages 36 thru 79), #5 Exhibit C-3 (Enright deposition pages 80 thru 108))(Karlsgodt, Paul)
December 28, 2007 Filing 268 RESPONSE in Opposition re #234 FIRST MOTION to Compel by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Ni filed by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company. (Attachments: #1 Exhibit A: Affidavit of Susan Manuel, #2 Exhibit B: Gridley v. State Farm, No. 06-2864 (E.D. La. Apr. 11, 2007))(McClellan, Rand)
December 27, 2007 Filing 267 RESPONSE in Opposition re #234 FIRST MOTION to Compel by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Ni filed by Acuity, A Mutual Insurance Company. (MacDonald, Mark)
December 26, 2007 Opinion or Order Filing 266 ORDER: Granting #262 Motion to Appear Pro Hac Vice for attorney Bridget A. Purdue; Granting #263 Motion to Appear Pro Hac Vice for attorney James P. Schuck. Signed by Judge J. Gregory Wehrman on 12/26/2007. (JMM) cc: COR w/copies of Mandatory ECF General Order & ECF Registration form to Bridget A. Purdue and James P. Schuck
December 26, 2007 Filing 265 RESPONSE in Opposition re #224 MOTION for Summary Judgment by Chicago Title Insurance Company filed by David Knight. (Attachments: #1 Exhibit Knight Settlement Documents, #2 Exhibit Monthly Insurance Surcharge Report)(Edmondson, Alexander)
December 21, 2007 Filing 264 RESPONSE in Opposition re #258 MOTION to Strike #256 Reply to Response to Motion,,,,, by West American Insurance Company, Ohio Casualty Insurance Company MOTION to Strike #256 Reply to Response to Motion,,,,, by West American Insurance Company, Ohio Casualty Insurance Company filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas. (Attachments: #1 Exhibit Exhibit A - Attested Settlement Documents, Gleeson Trucking v. General Casualty of Wisconsin)(Reed, Jason)
December 21, 2007 ***MOTION SUBMITTED TO CHAMBERS of Magistrate Wehrman for review: #231 MOTION for Extension of Time to Complete Discovery by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Ge (TED)
December 20, 2007 NOTICE OF DEFICIENCY TO Lawson Walker re #262 MOTION for Bridget A. Purdue to Appear Pro Hac Vice by Nationwide Mutual Insurance Company ( Filing fee $65; receipt number 1092603), #263 MOTION for James P. Schuck to Appear Pro Hac Vice by Nationwide Mutual Insurance Company ( Filing fee $65; receipt number 1092632) ; Attorney has failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney. Attorney shall prepare a pleading entitled "Notice of Filing" (with a certificate of service), file the Notice using the event "Notice of Filing", attach the proposed order, and create a link to the related docket entry within 3 business days. cc: COR (TED)
December 19, 2007 Filing 263 MOTION for James P. Schuck to Appear Pro Hac Vice by Nationwide Mutual Insurance Company ( Filing fee $65; receipt number 1092632)Motions referred to J. Gregory Wehrman. (Walker, H.)
December 19, 2007 Filing 262 MOTION for Bridget A. Purdue to Appear Pro Hac Vice by Nationwide Mutual Insurance Company ( Filing fee $65; receipt number 1092603)Motions referred to J. Gregory Wehrman. (Walker, H.)
December 18, 2007 Filing 261 TRANSCRIPT of Official Proceedings: Motions hearing held on 10/4/07 before Judge David L. Bunning. Court Reporter: Lisa Wiesman. Consisting of 60 pages. (TED)
December 18, 2007 Filing 260 TRANSCRIPT of Official Proceedings: status conference held on 12/12/07 before Judge David L. Bunning. Court Reporter: Lisa Wiesman. Consisting of 84 pages. (TED)
December 14, 2007 MOTIONS REFERRED per Order #259 : #231 MOTION for Extension of Time to Complete Discovery by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Ge, #234 FIRST MOTION to Compel by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Ni, #258 MOTION to Strike #256 Reply to Response to Motion by West American Insurance Company, Ohio Casualty Insurance Company MOTION to Strike #256 Reply to Response to Motion by West American Insurance Company, Ohio Casualty Insurance Company Motions referred to J. Gregory Wehrman. (TED)
December 14, 2007 Filing 259 MINUTE ENTRY ORDER FOR joint status conference held 12/12/07 before Judge David L. Bunning: It is ordered that 1) Joint motion of certain defendants to strike class allegations #191 is hereby DENIED; 2)Plfs' motion for stay of dispositive motions and for status conference #196 is DENIED as moot; 3) Plfs' Response to motion for Summary Judgment of Dft Chicago Title Insurance Company #224 shall be filed not later than 12/26/07. Movant/dft shall file any reply not later than 1/10/08. Paragraphs 4-9 apply to 06-146; 10) Dfts' Joint Motion to stay response to plfs motion to compel #253 is DENIED. Dfts' Responses shall be filed not later than 12/28/07. Plfs shall file any Reply not later than 1/7/08; 11) Motion for a stay of discovery by dft Kentucky Farm Bureau Mutual Ins. Co. #197 is hereby GRANTED, but with discovery from said dft stayed pending a ruling on plfs' motion to compel rather than pending a ruling on said dfts' motion for summary judgment (which dispositive motion was filed and is pending in 06-146; 12) Plfs' motion to compel #234 , plfs' motion to revise scheduling order #231 and motion to strike exhibits in support of plfs' reply in support of motion to revise the scheduling order filed by dfts Ohio Casualty Ins Co and West American Ins Co. #258 are referred to Magistrate J. Gregory Wehrman as part of the prior referral of these actions for supervision of pre-certification discovery and pretrial proceedings. (Court Reporter LISA WIESMAN.) (TED)cc: COR
December 11, 2007 Filing 258 MOTION to Strike exhibits in support of #256 Reply to Response to Motion,,,,, by West American Insurance Company, Ohio Casualty Insurance Company Motions referred to J. Gregory Wehrman. (Gabriel, Jessie) Modified text to describe motion to strike on 12/12/2007 (TED).
December 11, 2007 Filing 257 STATUS REPORT and Status Conference Memorandum by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas. (Reed, Jason)
December 10, 2007 Filing 256 REPLY to Response to Motion re #231 MOTION for Extension of Time to Complete Discovery by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Ge filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas. (Attachments: #1 Exhibit Exhibit A - Gleeson Trucking Joint Motion to Approve Settlement, #2 Exhibit Exhibit B - Enterprise Tax Management Brochure (Group 1 Software), #3 Exhibit Exhibit C - Excerpt from Presentation Materials to Office of Insurance, #4 Exhibit Exhibit D - GeoTAX/Group 1 Software Representative Client Graphic, #5 Exhibit Exhibit E - Order Adopting Safe Auto Insurance Co. Corrective Action Plan, #6 Exhibit Exhibit F - Proposed Scope of Work (Group 1 Software), #7 Exhibit Exhibit G - Email Correspondence from Tobey Marzouk, Esq. (Group 1 Software))(Reed, Jason)
December 10, 2007 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #224 MOTION for Summary Judgment by Chicago Title Insurance Company (TED)
December 3, 2007 Filing 255 RESPONSE in Opposition re #231 MOTION for Extension of Time to Complete Discovery by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Ge filed by Nationwide Mutual Insurance Company. (Attachments: #1 Exhibit Plaintiffs' 1st Discovery Request, #2 Exhibit Nationwide's Response to Discovery Request, #3 Exhibit August 16, 2007 Discovery Letter, #4 Exhibit August 17, 2007 Discovery Letter, #5 Exhibit August 30, 2007 Discovery Letter, #6 Exhibit Plaintiff's Response to Discovery Request, #7 Exhibit September 26, 2007 Discovery Letter)(Campbell, Drew)
November 30, 2007 ***FILE SUBMITTED TO CHAMBERS of MAGISTRATE WEHRMAN for review: #254 Notice of withdrawal of counsel Taylor (TED)
November 29, 2007 Filing 254 NOTICE of withdrawal of counsel Maureen P. Taylor for Nationwide Mutual Insurance Company by Nationwide Mutual Insurance Company (Campbell, Drew) Modified text describing notice on 11/30/2007 (TED).
November 29, 2007 Filing 253 JOINT MOTION to Stay re #234 FIRST MOTION to Compel by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Ni, #191 JOINT MOTION to Strike by American International South Insurance Company, Stewart Title, Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, Sta by American International South Insurance Company, Stewart Title, Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Nationwide Mutual Insurance Company, Chicago Title Insurance Company, Capitol Indemnity Corporation, Ohio Casualty Insurance Company, Acuity, A Mutual Insurance Company, Foremost Insurance Company, Shelter Mutual Insurance Company, Alfa Vision Insurance, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Campbell, Drew)
November 29, 2007 Filing 252 RESPONSE in Opposition re #234 FIRST MOTION to Compel by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Ni filed by American International South Insurance Company, Stewart Title, Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Nationwide Mutual Insurance Company, Chicago Title Insurance Company, Capitol Indemnity Corporation, Ohio Casualty Insurance Company, Acuity, A Mutual Insurance Company, Foremost Insurance Company, Shelter Mutual Insurance Company, Alfa Vision Insurance, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company. (Attachments: #1 Exhibit (1) Reed Email re Discovery, #2 Exhibit (2) Youngs Answers to Master Discovery, #3 Proposed Order)(Campbell, Drew)
November 28, 2007 NOTICE OF DOCKET MODIFICATION TO John Carroll re #248 Response in Opposition to Motion, ; Error: Attachments were insufficiently described as "Exhibit 1", "Exhibit 2". Entry by Attorney; Correction: Clerk has renamed the attachments. It is necessary that all attachments are adequately described. ex: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel cc: COR (TED)
November 28, 2007 NOTICE OF DOCKET MODIFICATION TO Michael Mumford re #250 Response in Opposition to Motion, #249 Response in Opposition to Motion, ; Error: Attachments were insufficiently described as "Exhibit A", "Exhibit B". Entry by Attorney; Correction: Clerk has renamed the attachments. It is necessary that all attachments are adequately described. ex: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (TED)
November 27, 2007 Filing 251 RESPONSE in Opposition re #231 MOTION for Extension of Time to Complete Discovery by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Ge filed by Stewart Title, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Nationwide Mutual Insurance Company, Ohio Casualty Insurance Company, Cincinnati Insurance Company. (Attachments: #1 Exhibit A: Letter of Regan Alfonso to Attorney Reed, #2 Exhibit B: Letter of Attorney Marzouk to Attorneys Reed and Eckelberry, #3 Exhibit C: Plaintiffs' Response to Defendants' Master Set of Discovery Requests and Interrogatories)(McClellan, Rand)
November 27, 2007 Filing 250 RESPONSE in Opposition re #231 MOTION for Extension of Time to Complete Discovery by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Ge filed by Chicago Title Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Proposed Order)(Mumford, Michael)
November 27, 2007 Filing 249 RESPONSE in Opposition re #234 FIRST MOTION to Compel by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Ni filed by Chicago Title Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Mumford, Michael)
November 27, 2007 Filing 248 RESPONSE in Opposition re #234 FIRST MOTION to Compel by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Ni filed by Indiana Insurance Company. (Attachments: #1 Exhibit Defendant's Exhibit 1, #2 Exhibit Defendant's Exhibit 2, #3 Exhibit Defendant's Exhibit 3, #4 Proposed Order)(Carroll, John)
November 27, 2007 Filing 247 RESPONSE in Opposition re #234 FIRST MOTION to Compel by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Ni filed by Progressive Direct Insurance Company. (Attachments: #1 Proposed Order)(Carroll, John)
November 27, 2007 NOTICE OF DOCKET MODIFICATION TO John Carroll re #245 Response in Opposition to Motion; Error: Attorney incorrectly filed the Proposed Order to #243 Response as a separate filing using the event "Response"; Entry by Attorney; Correction: Clerk has modified the docket text of #243 to state "Proposed Order". Clerk attached proposed Oreder to Response #243 . In the future, file the proposed order as an attachment to the Response instead of making a separate entry. No further action required by counsel. cc: COR (TED)
November 26, 2007 Filing 246 RESPONSE in Opposition re #231 MOTION for Extension of Time to Complete Discovery by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Ge filed by Indiana Insurance Company. (Attachments: #1 Exhibit Exhibit 1, #2 Proposed Order)(Carroll, John)
November 26, 2007 Filing 245 PROPOSED ORDER FOR RESPONSE in Opposition re #231 MOTION for Extension of Time to Complete Discovery by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Ge filed by Progressive Direct Insurance Company. (Carroll, John) Modified adding Proposed Order for on 11/27/2007 (TED).
November 26, 2007 Filing 244 RESPONSE in Opposition re #231 MOTION for Extension of Time to Complete Discovery by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Ge filed by American International South Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order Order Denying Plaintiffs' Motion to Revise Scheduling Order)(Karlsgodt, Paul)
November 26, 2007 Filing 243 RESPONSE in Opposition re #231 MOTION for Extension of Time to Complete Discovery by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Ge filed by Progressive Direct Insurance Company. (Carroll, John) (Additional attachment(s) added on 11/27/2007: #1 Proposed Order) (TED).
November 26, 2007 Filing 242 RESPONSE in Opposition re #231 MOTION for Extension of Time to Complete Discovery by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Ge filed by Capitol Indemnity Corporation. (Attachments: #1 Exhibit 1 - Email between counsel re: outstanding discovery issues, #2 Exhibit 2 - Letter from Plaintiffs' counsel to all defense counsel re: interrogatory responses, #3 Exhibit 3 - Letter from Capitol Indemnity's counsel to Plaintiffs' counsel re: Rule 30 (b)(6) designation)(Dance, D.)
November 26, 2007 Filing 241 RESPONSE to #234 Plaintiffs' Motion to Compel filed by Kentucky Farm Bureau Mutual Insurance Company. (Storm, Beverly)
November 26, 2007 Filing 240 RESPONSE to #231 Motion to Revise Discovery Schedule filed by Kentucky Farm Bureau Mutual Insurance Company. (Storm, Beverly)
November 20, 2007 Filing 239 REPLY to Response to Motion re #224 MOTION for Summary Judgment by Chicago Title Insurance Company filed by Chicago Title Insurance Company. (Mumford, Michael)
November 12, 2007 Filing 235 NOTICE OF FILING by Alfa Vision Insurance re #223 Notice to Take Deposition Notice of Postponement of Depositions of Brenda and Greg Adamkiewicz (Comodeca, James)
November 12, 2007 Filing 234 FIRST MOTION to Compel by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas Defendants' Answers to Interrogatory (Attachments: #1 Exhibit Letter from Plaintiffs' Counsel#2 Exhibit Letter from Counsel for Capitol Indemnity#3 Exhibit Letter from Counsel for Travelers and Standard Fire#4 Proposed Order Proposed Order Compelling Production)(Reed, Jason)
November 12, 2007 Filing 233 NOTICE OF FILING by Shelter Mutual Insurance Company re #222 Notice to Take Deposition Notice of Postponement of Deposition of Ruth Culyer (Comodeca, James)
November 9, 2007 Filing 238 SUR REPLY re #196 MOTION to Stay re #191 JOINT MOTION to Strike by American International South Insurance Company, Stewart Title, Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, West American Insurance Company, State Farm Mutual Automob. (Filed per Order granting leave to file Sur-Reply instanter #236 ). (Attachments: #1 Exhibit Letter of Elizabeth McNellie Esq to Jason Reed Esq.)(TED)
November 9, 2007 Filing 237 NOTICE OF MANDATORY ECF DIRECTED TO Patricia Foster, Non-registered attorney re #236 Order on Motion for Leave, had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (TED)
November 9, 2007 Opinion or Order Filing 236 ORDER granting #221 Motion for Leave to file Sur-Reply Instanter of certain defendants in opposition to Plaintiffs' motion to stay consideration of motion to strike class allegations. Plaintiffs' reply brief raises new arguments not asserted in their motion. In the interest of fairness and for good cause shown, defendants' motion is hereby GRANTED. Signed by Judge J. Gregory Wehrman. (TED)cc: COR
November 9, 2007 Opinion or Order Filing 232 ORDER granting #228 Motion to Appear Pro Hac Vice for Attorney Robert J. Tucker. Signed by Judge J. Gregory Wehrman. (JMM)cc: COR/with copy of Mandatory ECF General Order and ECF Registration Form to Robert J. Tucker
November 9, 2007 Filing 231 MOTION for Extension of Time to Revise Scheduling Order by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas and For Revision of Related Deadlines (Attachments: #1 Proposed Order Proposed Order Extending Deadlines)(Reed, Jason) Modified to better describe on 10/5/2012 (LST).
November 9, 2007 Filing 230 PROPOSED ORDER re #224 MOTION for Summary Judgment by Chicago Title Insurance Company Proposed Order to Stay Proceedings filed by David Knight. (Whitfield, John) Modified text to describe on 10/5/2012 (LST).
November 9, 2007 Filing 229 RESPONSE to Motion re #224 MOTION for Summary Judgment by Chicago Title Insurance Company filed by David Knight. (Attachments: #1 Exhibit Exhibit 1-Motion for Stay of Proceedings)(Whitfield, John)
November 8, 2007 ***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE WEHRMAN for review: #228 MOTION for Robert J. Tucker to Appear Pro Hac Vice by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company ( Filing fee $65; receipt number 1065005) (TED)
November 7, 2007 Update Attorney. Attorney Robert J. Tucker for State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty Company added. (TED)
November 7, 2007 Filing 228 MOTION for Robert J. Tucker to Appear Pro Hac Vice by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company ( Filing fee $65; receipt number 1065005) (Attachments: #1 Exhibit Affidavit of Robert J. Tucker#2 Exhibit Order)(Johnson, Mark)
November 7, 2007 ***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE WEHRMAN for review: #221 MOTION for Leave to file Sur-Reply by American International South Insurance Company, Stewart Title, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Nationwide Mutual Insurance Company, Chicago Titl (TED)
November 5, 2007 Filing 227 NOTICE to Take Deposition of Stella Christine Geise on November 12, 2007 at 9:00 a.m. by Capitol Indemnity Corporation.(Dance, D.)
October 31, 2007 Filing 226 NOTICE to Take Deposition of Martha Yunker on November 9, 2007 at 9:30 a.m. EST by Standard Fire Insurance Company, Travelers Property Casualty Insurance Company.(Renzelmann, Jason)
October 26, 2007 Filing 225 MEMORANDUM in Support of Motion re #224 MOTION for Summary Judgment by Chicago Title Insurance Company filed by Chicago Title Insurance Company. (Attachments: #1 Exhibit A - Affidavit of Gregory W. McDowell#2 Exhibit B - Affidavit of Kelly Terwilliger#3 Exhibit C - David Knight's Answers to First Set of Interrogatories from Defendant Chicago Title Insurance Company#4 Exhibit D - September 18, 2007 Letter from Sharron S. Burton)(Mumford, Michael)
October 26, 2007 Filing 224 MOTION for Summary Judgment by Chicago Title Insurance Company (Attachments: #1 Proposed Order)(Mumford, Michael)
October 24, 2007 Filing 223 NOTICE to Take Deposition of Brenda Adamkiewicz and Greg Adamkiewicz on 11/13/2007 at 1:00 p.m. by Alfa Vision Insurance.(Comodeca, James)
October 24, 2007 Filing 222 NOTICE to Take Deposition of Ruth Culyer on 11/13/2007 at 9:00 a.m. by Shelter Mutual Insurance Company.(Comodeca, James)
October 19, 2007 Filing 221 MOTION for Leave to file Sur-Reply by American International South Insurance Company, Stewart Title, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Nationwide Mutual Insurance Company, Chicago Title Insurance Company, Capitol Indemnity Corporation, Ohio Casualty Insurance Company, Progressive Direct Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company, Indiana Insurance Company to File Sur-Reply in Opposition to Plaintiffs' Motion to Stay (Attachments: #1 Exhibit A: Proposed Order Granting Motion for Leave to File Sur-Reply#2 Exhibit B: Sur-Reply Instanter in Opposition to Plaintiffs' Motion for Stay#3 Exhibit 1 to Sur-Reply; Letter of Elizabeth McNellie, Esq. to Jason Reed, Esq.)(McClellan, Rand) Modified text to describe motion on 11/7/2007 (Dallas, Tammy).
October 19, 2007 Filing 220 NOTICE OF FILING by Nationwide Mutual Insurance Company re #191 JOINT MOTION to Strike by American International South Insurance Company, Stewart Title, Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, Sta (Attachments: #1 Pastor Decision)(Campbell, Drew)
October 19, 2007 Filing 219 NOTICE to Take Deposition of Donald Gary Wilson and Suzanne Wilson on November 8, 2007 at 9:00 a.m. by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company.(McClellan, Rand)
October 19, 2007 Filing 218 NOTICE to Take Deposition of Robert and Johnna Dyas on November 8, 2007 at 2:00 p.m. by State Farm Fire and Casualty Company.(McClellan, Rand) Modified a.m. to p.m. on 10/22/2007 (Dallas, Tammy).
October 17, 2007 ***MOTION SUBMITTED TO CHAMBERS of JUDGE DAVID BUNNING for review: #191 JOINT MOTION to Strike by American International South Insurance Company, Stewart Title, Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, Sta, #197 MOTION to Stay by Kentucky Farm Bureau Mutual Insurance Company, #196 MOTION to Stay re #191 JOINT MOTION to Strike by American International South Insurance Company, Stewart Title, Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, West American Insurance Company, State Farm Mutual Automob (TED)
October 11, 2007 Opinion or Order Filing 217 MEMORANDUM ORDER: It is ordered, 1)Pls' motion for protective order #194 is DENIED; 2) Dft's motion for leave to file a sur-reply #204 is GRANTED and the sur-reply attached as an exhibit shall be filed as it has been fully considered by the court; 3) Dft's request for monetary sanctions contained in the tendered sur-reply is DENIED. Signed by Judge J. Gregory Wehrman. (TED)cc: COR
October 10, 2007 Filing 216 NOTICE by Foremost Insurance Company of Cancellation of Video Deposition of Robert Nesbitt (Farris, Marjorie)
October 5, 2007 Filing 215 REPLY to #203 , #196 Defendants' Response in Opposition to Plaintiffs' Motion to Stay filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas. (Reed, Jason)
October 4, 2007 Filing 214 INTERROGATORIES Propounded to Plaintiff Karla McCullough by American International South Insurance Company.(Karlsgodt, Paul)
September 28, 2007 Opinion or Order Filing 213 ORDER granting #212 Motion to Appear Pro Hac Vice for Attorney Patricia Foster. Signed by Judge J. Gregory Wehrman. (JMM)cc: COR w/copy of ECF General Order & ECF Registration form to Patricia Foster
September 28, 2007 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #212 MOTION for Patricia A. Foster to Appear Pro Hac Vice by Stewart Title ( Filing fee $65; receipt number 1039357) (TED)
September 27, 2007 Filing 212 MOTION for Patricia A. Foster to Appear Pro Hac Vice by Stewart Title ( Filing fee $65; receipt number 1039357) (Attachments: #1 Affidavit of Patricia A. Foster in Support of Motion to Appear Pro Hac Vice#2 Proposed Order Granting Admission Pro Hac Vice of Patricia A. Foster)(Harrison, Jack)
September 27, 2007 Opinion or Order Filing 211 ORDER granting #210 Motion to Appear Pro Hac Vice for counsel Casie D. Collignon to appear as counsel for American International South Insurance Company. Signed by Judge J. Gregory Wehrman. (TED)cc: COR, Casie D. Collignon w/copy ECF Order and ECF registration form
September 26, 2007 ***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE WEHRMAN for review: #210 MOTION for Casie D. Collignon to Appear Pro Hac Vice by American International South Insurance Company ( Filing fee $65; receipt number 1037736) (TED)
September 25, 2007 Filing 210 MOTION for Casie D. Collignon to Appear Pro Hac Vice by American International South Insurance Company ( Filing fee $65; receipt number 1037736) (Attachments: #1 Affidavit of Casie D. Collignon#2 Proposed Order)(Karlsgodt, Paul)
September 24, 2007 Opinion or Order Filing 209 AGREED ORDER EXTENDING TIME TO REPLY: The parties being in agreement, Plaintiffs' Reply in Support of Motion to Stay #196 shall be filed on or before 10/5/2007. Signed by Judge David L. Bunning. (TED)cc: COR
September 24, 2007 Filing 208 NOTICE to Take Deposition of David Knight on October 12, 2007 at 9:00 a.m. by Chicago Title Insurance Company.(Mumford, Michael)
September 24, 2007 ***FILE SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #205 Notice of Filing Proposed Order extending time (TED)
September 21, 2007 Filing 207 SUPPLEMENTAL NOTICE to Take Deposition of Robert Nesbitt on Friday, October 12, 2007 at 3:00 p.m. by Foremost Insurance Company.(Farris, Marjorie)
September 21, 2007 Filing 206 NOTICE to Take Deposition of Diana and Jason Young on Monday, October 22, 2007, 9:30 am EST by Nationwide Mutual Insurance Company.(Taylor, Maureen)
September 21, 2007 Filing 205 NOTICE OF FILING by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Martha Yunker, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, John Nicholas of Agreed Order Extending Plaintiffs' Time to File Reply (Attachments: #1 Exhibit Authorization for Signing Agreed Order)(Reed, Jason)
September 20, 2007 Filing 204 MOTION for Leave to File by West American Insurance Company Instanter Sur-reply to Plaintiffs' Reply in Support of Motion For Protective Order (Attachments: #1 Memorandum in Support #2 Proposed Order Exhibit A#3 Exhibit B - Sur-reply Instanter#4 Exhibit 1 to Sur-reply - Declaration of Rodger Eckelberry#5 Exhibit A to Eckelberry Declaration#6 Exhibit B to Eckelberry Declaration)(Eckelberry, Rodger)
September 14, 2007 Filing 203 RESPONSE in Opposition re #196 MOTION to Stay re #191 JOINT MOTION to Strike by American International South Insurance Company, Stewart Title, Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, West American Insurance Company, State Farm Mutual Automob filed by American International South Insurance Company, Stewart Title, Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Nationwide Mutual Insurance Company, Chicago Title Insurance Company, Westfield National Insurance Company, Capitol Indemnity Corporation, Ohio Casualty Insurance Company, Acuity, A Mutual Insurance Company, Foremost Insurance Company, Shelter Mutual Insurance Company, Alfa Vision Insurance, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company. (Attachments: #1 Exhibit CASE - EEOC v. State of California Pub. Utilities Comm. 1995 U.S. Dist. LEXIS 8318#2 Exhibit CASE- Ross-Randolph v. Allstate Ins. 2001 U.S. Dist. LEXIS 25645#3 Proposed Order -Denying Motion to Stay Consideration of Motion to Strike Class Allegations)(Dusing, Gerald)
September 14, 2007 Filing 202 NOTICE OF MANDATORY ECF DIRECTED TO Christa J. F. Rounsavall, non-registered attorney re #201 Order on Motion for Extension of Time had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (TED)
September 14, 2007 Opinion or Order Filing 201 ORDER granting #186 Indiana Insurance's Motion for Extension of Time to respond to Plaintiff's first set of Interrogatories. Signed by Judge J. Gregory Wehrman. (TED)cc: COR
September 13, 2007 Filing 200 NOTICE to Take Deposition of Charles Hamilton on October 30, 2007 at 9:00 a.m. by Stewart Title.(Harrison, Jack)
September 10, 2007 Filing 199 REPLY to Response to Motion re #194 MOTION for Protective Order by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, Jam filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas. (Attachments: #1 Exhibit GeoTAX Software#2 Exhibit 2 Meeting with Kentucky Office of Ins.#3 Exhibit 2a Meeting with Kentucky Office of Ins.)(Nordloh, Christopher)
September 10, 2007 NOTICE OF DOCKET MODIFICATION TO Beverly Storm re #198 RESPONSE, ; Error: Attorney failed to create a link to the related document #196 . Entry by Attorney; Correction: Clerk has modified text to create the link. In the future, attorney is advised to create a link to the related document. No further action required by counsel; cc: COR (TED)
September 7, 2007 Filing 198 RESPONSE to Plaintiffs' Motion for Stay of Dispositive Motions and a Status Conference #196 filed by Kentucky Farm Bureau Mutual Insurance Company. (Attachments: #1 Exhibit A - Depo of Matthew Sanning#2 Exhibit B - Letters between counsel#3 Exhibit C - Opinion - Cunningham#4 Proposed Order)(Storm, Beverly) Modified adding link to docket entry #196 on 9/10/2007 (Dallas, Tammy).
September 5, 2007 Filing 197 MOTION to Stay further discovery by Kentucky Farm Bureau Mutual Insurance Company (Attachments: #1 Exhibit A - ltr from Storm to Reed dated 8/24/07#2 Exhibit B - ltr from Reed to Storm dated 8/30/07#3 Exhibit C - ltr from Storm to Reed dated 9/5/07#4 Proposed Order re: Motion for Stay)(Storm, Beverly) Modified on 9/6/2007 (to better describe Main Document)(Maxie, Joyce).
August 31, 2007 Filing 196 MOTION to Stay re #191 JOINT MOTION to Strike by American International South Insurance Company, Stewart Title, Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, Sta by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas and to Stay Dispositive Motions, With Status Conference Scheduled (Attachments: #1 Proposed Order Proposed Order Granting Stay)(Reed, Jason)
August 30, 2007 Filing 195 RESPONSE in Opposition re #194 MOTION for Protective Order by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, Jam filed by West American Insurance Company. (Attachments: #1 Exhibit A - Declaration of Rodger L. Eckelberry#2 Exhibit B - Notice of Service of Subpoena#3 Exhibit C - Group 1 Software's Newsletter)(Eckelberry, Rodger)
August 29, 2007 Filing 194 MOTION for Protective Order by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas (Attachments: #1 Exhibit Subpoena#2 Exhibit Certificate of Conference#3 Proposed Order)(Nordloh, Christopher)
August 24, 2007 Opinion or Order Filing 193 STIPULATED AND CONSENT PROTECTIVE ORDER with Exhibit A Confidentiality Agreement. Signed by Judge J. Gregory Wehrman. (TED)cc: COR
August 23, 2007 Filing 192 NOTICE OF APPEARANCE for Christa J.F. Rounsavall by Standard Fire Insurance Company, Travelers Property Casualty Insurance Company.(Renzelmann, Jason)
August 22, 2007 Filing 191 JOINT MOTION of certain defendants to Strike class allegations by American International South Insurance Company, Stewart Title, Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Nationwide Mutual Insurance Company, Chicago Title Insurance Company, Westfield National Insurance Company, Capitol Indemnity Corporation, Ohio Casualty Insurance Company Joint Motion of Certain Defendants To Strike Class Allegations (Attachments: #1 Addendum 1 - Snow v. Atofina Chemicals, 2003 U.S. Dist. LEXIS 27295#2 Addendum 2 - Conigliaro v. Norwegian Cruise Line, 2006 AMC 2934#3 Exhibit A - Plaintiffs' First Set of Discovery Requests#4 Exhibit B - Declaration of Rodger L. Eckelberry#5 Exhibit C - Declaration of Todd E. Taylor#6 Proposed Order Striking Class Allegations)(Taylor, Maureen) Modified adding text to describe motion on 8/28/2007 (Dallas, Tammy). Additional attachment(s) added on 10/22/2007 (Dallas, Tammy).
August 22, 2007 Opinion or Order Filing 190 ORDER striking document #189 Proposed Agreed Order/Stipulation. Proposed Agreed Order does not pertain to Civil Action 06-141 and has been ruled on by the court in Civil Action 06-146. It is ordered that proposed agreed/stipulation #189 shall be stricken from the record of Covington Civil Action No. 06-141-DLB. Signed by Judge J. Gregory Wehrman. (TED)cc: COR
August 21, 2007 ***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE WEHRMAN for review: #186 MOTION for Extension of Time by Indiana Insurance Company (TED)
August 8, 2007 ***FILE SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: #189 Proposed Agreed Order/Stipulation (JMM)
August 7, 2007 Filing 189 STRICKEN PURSUANT TO ORDER #190
August 7, 2007 ***FILE SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: #188 Notice of Filing (JMM)
August 6, 2007 Filing 188 NOTICE OF FILING by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company Stipulated Consent and Protective Order (Attachments: #1 Exhibit A: Stipulated Consent and Protective Order)(McClellan, Rand)
August 2, 2007 Opinion or Order Filing 187 ORDER : #185 MOTION for Extension of Time by Progressive Direct Insurance Company is GRANTED. Dft Progressive Direct shall have 15 days from the date of disposition of Progressive's pending motion for summary judgment in which to respond to plfs' first set of interrogatories and request for production of documents to dfts . Signed by Judge J. Gregory Wehrman. (TED)cc: COR Modified link to correct motion #185 on 8/3/2007 (Dallas, Tammy).
August 2, 2007 Filing 186 MOTION for Extension of Time by Indiana Insurance Company to Respond to Plaintiff's First Set of Interrogatories, et al. (Attachments: #1 Proposed Order Enlarging Time)(Miller, Donald)
August 2, 2007 Clerk's Note: re #185 MOTION for Extension of Time by Progressive Direct Insurance Company. Received call from office of Donald Miller advising that incorrect filer Indiana Insurance Company was used. Clerk has corrected text and added correct filer to #185 Motion. (TED)
August 1, 2007 Filing 185 MOTION for Extension of Time by Progressive Direct Insurance Company to Respond to Plaintiffs' First Set of Interrogatories, etc. (Attachments: #1 Exhibit 1 - 7/19/07 email correspondence#2 Proposed Order Granting Enlargement of Time)(Miller, Donald) Modified text to correct filer Progressive Direct Insurance Company on 8/2/2007 (Dallas, Tammy).
August 1, 2007 Opinion or Order Filing 184 ORDER: It is ordered that James G. LeMaster, co-counsel for Dft Capitol Indemnity Corporation is withdrawn from further participation in this action . Signed by Judge J. Gregory Wehrman. (TED)cc: COR
July 30, 2007 Filing 183 NOTICE by Nationwide Mutual Insurance Company of Electronic Service of Response to 1st Set of Interrogatories and RFPOD (Campbell, Drew)
July 30, 2007 ***FILE SUBMITTED TO CHAMBERS of MAGISTRATE WEHRMAN for review: #181 Notice of withdraw of counsel LeMaster (TED)
July 27, 2007 Filing 182 NOTICE OF FILING by Capitol Indemnity Corporation of Response to Plaintiff's First Set of Interrogatories and Requests (Dance, D.)
July 27, 2007 Filing 181 NOTICE by Capitol Indemnity Corporation of Withdrawal by Attorney James G. LeMaster (Dance, D.)
July 24, 2007 Opinion or Order Filing 180 ORDER granting #179 Motion to Appear Pro Hac Vice for Joseph E. Ezzie to appear as counsel for State Farm Mutual Automobile Insurance Co. and State Farm Fire & Casualty Co.. Signed by Judge J. Gregory Wehrman. (TED)cc: COR w/copy of Mandatory ECF General Order & ECF Registration form to Joseph E. Ezzie
July 19, 2007 ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #179 MOTION for Joseph E. Ezzie to Appear Pro Hac Vice by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company ( Filing fee $65; receipt number 998726) (JMM)
July 18, 2007 Filing 179 MOTION for Joseph E. Ezzie to Appear Pro Hac Vice by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company ( Filing fee $65; receipt number 998726) (Attachments: #1 Affidavit Joseph E. Ezzie#2 Proposed Order)(Dusing, Gerald)
July 16, 2007 Filing 178 NOTICE of Change of Address by H. Lawson Walker, II (Walker, H.)
July 3, 2007 Filing 177 AMENDED NOTICE to Take Deposition of James D. Nichols and Anna Nichols on July 19, 2007 at 9:00 a.m. EST by Progressive Direct Insurance Company.(Miller, Donald)
July 3, 2007 Filing 176 AMENDED NOTICE to Take Deposition of Delbert Kenneth Perry and Mary Beth Perry on August 13, 2007 at 9:00 a.m. EST by Indiana Insurance Company.(Miller, Donald)
June 15, 2007 Filing 175 ANSWER to Amended Complaint by Stewart Title.(Harrison, Jack)
June 14, 2007 Filing 174 ANSWER to Amended Complaint by Westfield National Insurance Company.(McIntosh, Thomas)
June 12, 2007 Filing 173 ANSWER to Amended Complaint by Standard Fire Insurance Company, Travelers Property Casualty Insurance Company.(Renzelmann, Jason)
June 12, 2007 Filing 172 ANSWER to Amended Complaint by American International South Insurance Company.(Karlsgodt, Paul)
June 12, 2007 Filing 171 ANSWER to Amended Complaint by Hartford Underwriters Insurance Company.(Smith, Lynette)
June 12, 2007 Filing 170 ANSWER to Amended Complaint by Nationwide Mutual Insurance Company.(Campbell, Drew)
June 12, 2007 Filing 169 ANSWER to Amended Complaint by Chicago Title Insurance Company.(Mumford, Michael)
June 12, 2007 Filing 168 ANSWER to Amended Complaint by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company.(McClellan, Rand)
June 12, 2007 Filing 167 ANSWER to Amended Complaint by West American Insurance Company.(Kincaid, Robert)
June 12, 2007 Filing 166 ANSWER to Amended Complaint by Ohio Casualty Insurance Company.(Kincaid, Robert)
June 11, 2007 Filing 165 NOTICE by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas Service of Plaintiffs 1st Set of Discovery Requests to Defendants (Reed, Jason)
June 4, 2007 Filing 164 REPLY to #160 Court Order for Clarification on Second Amended Complaint filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas. (Reed, Jason)
June 4, 2007 Filing 163 TRANSCRIPT of Official Proceedings: Rule 16 Conference held on 5/3/07 before Judge David L. Bunning. Court Reporter: Lisa Wiesman. Consisting of 46 pages. (TED)
June 1, 2007 Filing 162 NOTICE to Take Deposition of Delbert Kenneth Perry and Mary Beth Perry on July 19, 2007 1:00 p.m. by Indiana Insurance Company.(Miller, Donald)
June 1, 2007 Filing 161 NOTICE to Take Deposition of James D. Nichols and Anna Nichols on July 19, 2007 9:00 a.m. by Progressive Direct Insurance Company.(Miller, Donald)
May 31, 2007 Opinion or Order Filing 160 ORDER: It is ordered that plaintiffs shall file a Reply Memorandum within fifteen (15) days of the date of this order to clarify whether the recently amended complaint #159 is intended to add a claim under the KCPA. Signed by Judge J. Gregory Wehrman. (TED)cc: COR
May 29, 2007 Filing 157 RESPONSE in Opposition re #155 MOTION to Amend/Correct by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D filed by West American Insurance Company, Ohio Casualty Insurance Company. (Kincaid, Robert)
May 25, 2007 Filing 159 SECOND AMENDED COMPLAINT filed by Plaintiffs (filed per Order entered 5/25/07)(TED)
May 25, 2007 Opinion or Order Filing 158 ORDER granting #155 Motion to Amend Complaint. The proposed Second Amended Complaint shall be filed. Signed by Judge J. Gregory Wehrman. (TED)cc: COR
May 22, 2007 Filing 156 RESPONSE to #155 Plaintiffs' Motion for Leave to Amend Complaint filed by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company. (McClellan, Rand)
May 14, 2007 Filing 155 MOTION to Amend/Correct by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, James D. Nichols, Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Mark Hahn, Amy Hahn, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, John Nicholas First Amended Complaint (Attachments: #1 Proposed Order Proposed Order Granting Leave to Amend#2 Appendix Proposed Second Amended Complaint (re: Defendant Stewart Title))(Reed, Jason)
May 7, 2007 Opinion or Order Filing 154 ORDER: Case called for case management conference: A) Consolidation: (1) By agreement of parties 06-141 and 06-146 are consolidated for purposes of pre-certification discovery; (2) All pre-certification discovery related filings shall be made under 06-141 and shall be captioned In re: Insurance Premium Local Tax Litigation. All filings not discovery related shall be made only in the individual action to which that filing pertains using the case number and caption for that case; B) Preliminary case schedule (1) Parties have agreed to defer exchanging Rule 26(a)(1) disclosures until after class certification is determined; (2) Motions to join parties due 5/14/07. Motion to amend with tendered amended complaint should be filed in each action by 5/14/07; (3) Pretrial pre-certification fact discovery due on or before 11/19/07 with limitations as to this phase of pretrial pre-certification set forth in paragraphs (a) through (i); (4) Rule 26(a)(2) reports from pre-certification expert witnesses due from plfs 11/19/07, from dfts 1/31/08. These reports not to be filed with the court; (5) Pretrial pre-certification expert discovery due 2/29/08; (6) Further status conference to be conducted 12/12/07 at 1:00 p.m. in Covington before Judge David L. Bunning; (7) Class certification filings unless modified at subsequent status conference or by subsequent order are as follows: Plfs' motion 3/31/08; Dfts' response 5/16/08; Plfs reply 6/16/08. Copies of memoranda instructions set forth. C. This matter is referred to Magistrate Judge J. Gregory Wehrman to supervise pre-certification discovery and pretrial proceedings set out in paragraphs 1 and 2; D Miscellaneous - (1) Plfs proposed Case Management Order is rejected as premature. The preservation of documents policy proposed is a discovery related matter that should be taken up by the parties and may thereafter be presented to Magistrate Judge Wehrman for his guidance and adjudication pursuant to referral; (2) Dfts' request/suggestion that plfs be ordered to provide a Proposed Trial Management Plan with their motion for class certification is also hereby rejected as premature. Signed by Judge David L. Bunning. (TED)cc: COR
May 7, 2007 Filing 153 MINUTE ENTRY FOR STATUS CONFERENCE held on 5/3/07 before Judge David L. Bunning : The above styled case was called for a status conference. The Court will enter a scheduling order forthwith. (COURT REPORTER: LISA WIESMAN) (TED)cc: COR
May 3, 2007 Opinion or Order Filing 152 ORDER granting #148 Motion to Appear Pro Hac Vice for Gary E. Mason to appear as counsel for plaintiffs in these proceedings. Signed by Judge David L. Bunning. (TED)cc: COR
May 3, 2007 Opinion or Order Filing 151 ORDER granting #146 Motion to Appear Pro Hac Vice for Alexander E. Barnett to appear for plaintiffs in these proceedings. Signed by Judge David L. Bunning. (TED)cc: COR
May 2, 2007 Filing 150 NOTICE OF APPEARANCEof John C. Whitfield, Esq., as Plaintiffs' Co-Counsel by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas.(Reed, Jason)
May 2, 2007 Filing 149 NOTICE OF FILING by L. Craig Kendrick re #148 MOTION for Gary E. Mason to Appear Pro Hac Vice by L. Craig Kendrick ( Filing fee $65; receipt number 953578), #146 MOTION for Alexander E. Barnett to Appear Pro Hac Vice by L. Craig Kendrick ( Filing fee $65; receipt number 953545) (Attachments: #1 Attachment Certificate of Service)(Barnett, Alexander)
May 2, 2007 NOTICE OF DEFICIENCY TO Alexander Barnett re #148 MOTION for Gary E. Mason to Appear Pro Hac Vice by L. Craig Kendrick ( Filing fee $65; receipt number 953578), #146 MOTION for Alexander E. Barnett to Appear Pro Hac Vice by L. Craig Kendrick ( Filing fee $65; receipt number 953545). Error 1: Attorney has failed to provide a certificate of service with pleading. Attorney advised that each pleading must have a certificate of service. Within 3 business days, the attorney shall file the certificate of service as an attachment to a pleading captioned "Notice of Filing"; Error 2: Attorney has failed to type name on the signature line. The name of the Filing User under whose login and password the document is submitted must be preceded by an "s/" and typed in the space where the signature would otherwise appear. No further action required on this error. cc: COR (TED)
May 2, 2007 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #148 MOTION for Gary E. Mason to Appear Pro Hac Vice by L. Craig Kendrick ( Filing fee $65; receipt number 953578), #146 MOTION for Alexander E. Barnett to Appear Pro Hac Vice by L. Craig Kendrick ( Filing fee $65; receipt number 953545) (TED)
May 1, 2007 Filing 148 MOTION for Gary E. Mason to Appear Pro Hac Vice by L. Craig Kendrick ( Filing fee $65; receipt number 953578) (Attachments: #1 Affidavit #2 Proposed Order)(Barnett, Alexander) Additional attachment(s) added on 5/3/2007 (Dallas, Tammy).
May 1, 2007 Filing 147 OBJECTIONS to #144 Plaintiffs' Proposed Case Management Order filed by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company. (McClellan, Rand)
May 1, 2007 Filing 146 MOTION for Alexander E. Barnett to Appear Pro Hac Vice by L. Craig Kendrick ( Filing fee $65; receipt number 953545) (Attachments: #1 Affidavit #2 Proposed Order)(Barnett, Alexander) Additional attachment(s) added on 5/3/2007 (Dallas, Tammy).
April 26, 2007 ***FILE SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #145 Notice of Filing Proposed Case Management schedule, #144 Notice of Filing Proposed Case Management schedule, (TED)
April 25, 2007 Filing 145 NOTICE OF FILING by American International South Insurance Company, Stewart Title, Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, Hartford Underwriters Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Nationwide Mutual Insurance Company, Chicago Title Insurance Company, Westfield National Insurance Company, Capitol Indemnity Corporation, Ohio Casualty Insurance Company of Defendants' Proposed Case Management Plan for Plaintiff Class Issues (Smith, Lynette)
April 25, 2007 Filing 144 NOTICE OF FILING by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas of Plaintiffs' Proposed Case Management Order and Proposed Scheduling Order (Attachments: #1 Proposed Order Proposed Case Management Order No. 1#2 Proposed Order Plaintiffs' Proposed Scheduling Order No. 1)(Reed, Jason)
April 18, 2007 Filing 143 ANSWER to Amended Complaint by Westfield National Insurance Company.(McIntosh, Thomas)
April 16, 2007 Filing 142 ANSWER to Amended Complaint by Standard Fire Insurance Company, Travelers Property Casualty Insurance Company.(Renzelmann, Jason)
April 16, 2007 Filing 141 ANSWER to Amended Complaint by Hartford Underwriters Insurance Company.(Smith, Lynette)
April 16, 2007 Filing 140 NOTICE by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas Notice of Case Management Plan Conference (Nordloh, Christopher)
April 16, 2007 Filing 139 ANSWER to Amended Complaint by Nationwide Mutual Insurance Company.(Campbell, Drew)
April 16, 2007 Opinion or Order Filing 138 ORDER granting #137 Motion to Appear Pro Hac Vice for attorney Elizabeth A. McNellie. Signed by Judge David L. Bunning. (JMM)cc: COR w/copy of Mandatory ECF General Order & ECF Registration form to Elizabeth A. McNellie.
April 16, 2007 ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #137 MOTION for Elizabeth A. McNellie to Appear Pro Hac Vice by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company ( Filing fee $65; receipt number 942709) (JMM)
April 13, 2007 Filing 137 MOTION for Elizabeth A. McNellie to Appear Pro Hac Vice by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company ( Filing fee $65; receipt number 942709) (Attachments: #1 Affidavit of Elizabeth A. McNellie#2 Proposed Order)(Dusing, Gerald)
April 13, 2007 Filing 136 ANSWER to Amended Complaint by American International South Insurance Company.(Martin, Ted)
April 12, 2007 Filing 135 ANSWER to Amended Complaint by Chicago Title Insurance Company.(Mumford, Michael)
April 12, 2007 Filing 134 ANSWER to Amended Complaint by Ohio Casualty Insurance Company.(Kincaid, Robert)
April 12, 2007 Filing 133 ANSWER to Amended Complaint by West American Insurance Company.(Kincaid, Robert)
April 12, 2007 Filing 132 ANSWER to Amended Complaint by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company.(McClellan, Rand)
March 31, 2007 Opinion or Order Filing 131 MEMORANDUM OPINION & ORDER: 1) Denying Plaintiffs' Motion to Remand [D.E. #51]; 2) Defendants' Motions to Dismiss [D.E. #18, #36, #47, #50, #53, #55, #61, #62, #74, #77, #111 and #112) are hereby denied; 3) This matter is hereby scheduled for a status call/case management conference on 5/3/2007 01:00 PM in Covington before Judge David L. Bunning 4) Not later than 4/25/07, the parties shall file a joint proposed case management plan, to the extent possible; otherwise, an individual filing can be made. Signed by Judge David L. Bunning. (JMM)cc: COR
January 17, 2007 Opinion or Order Filing 130 ORDER: Defendant's #129 Notice is hereby construed as a motion for leave to withdraw; Court hereby waiving the requirement that the certificate of service show the motion as having been served upon the client, said construed motion for leave to withdraw by Brian J. Laliberte is hereby granted; Clerk is instructed to remove Attorney Brian J. Laliberte from the service list. . Signed by Judge David L. Bunning. (TED)cc: COR
January 8, 2007 ***FILE SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #129 Notice OF Attorney withdrawal of Brian Laliberte (TED)
January 5, 2007 Filing 129 NOTICE by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company of Withdrawal of Counsel, Brian J. Laliberte (McClellan, Rand)
January 4, 2007 Conflict Check run. (TED)
December 21, 2006 Filing 128 FRCP 7.1 DISCLOSURE STATEMENT by Stewart Title. (Attachments: #1 Exhibit 1 - Relevant Excerpt From Annual Report)(Harrison, Jack)
December 21, 2006 Filing 127 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Jack Harrison. #77 MOTION to Dismiss by Stewart Title has been filed without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within ten (10) days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (TED)
December 21, 2006 Conflict Check run. (TED)
November 8, 2006 Opinion or Order Filing 126 ORDER granting #123 and #124 Motion to Appear Pro Hac Vice for attorney John J. Haggerty and John M. Alten to appear for Westfield National Insurance Company. Signed by Judge David L. Bunning. (TED)cc: COR Modified adding link to #123 motion on 12/11/2006 (Dallas, Tammy).
November 8, 2006 ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #123 MOTION for John J. Haggerty to Appear Pro Hac Vice by Westfield National Insurance Company ( Filing fee $65; receipt number 846194), #124 MOTION for John M. Alten to Appear Pro Hac Vice by Westfield National Insurance Company ( Filing fee $65; receipt number 846208) (JMM)
November 8, 2006 NOTICE OF DOCKET MODIFICATION TO Thomas McIntosh re #125 Reply to Response to Motion; Error: the main document was scanned instead of converted into PDF format directly from the native word application; Entry made by attorney; Correction: All pleadings created with a word application shall be converted to PDF format using PDF conversion software rather than being scanned; No further action required by counsel. cc: COR (JMM)
November 7, 2006 Filing 125 REPLY to Response to Motion re #111 MOTION to Dismiss for Lack of Jurisdiction by Westfield National Insurance Company filed by Westfield National Insurance Company. (McIntosh, Thomas)
November 7, 2006 Filing 124 MOTION for John M. Alten to Appear Pro Hac Vice by Westfield National Insurance Company ( Filing fee $65; receipt number 846208) (Attachments: #1 Affidavit of John M. Alten#2 Proposed Order)(McIntosh, Thomas)
November 7, 2006 Filing 123 MOTION for John J. Haggerty to Appear Pro Hac Vice by Westfield National Insurance Company ( Filing fee $65; receipt number 846194) (Attachments: #1 Affidavit of John J. Haggerty#2 Proposed Order)(McIntosh, Thomas)
November 7, 2006 Filing 122 NOTICE OF FILING by Westfield National Insurance Company re #111 MOTION to Dismiss for Lack of Jurisdiction by Westfield National Insurance Company Pursuant to Notice of Deficiency filed on 9/25/06, attached is corrected Memorandum (McIntosh, Thomas)
November 6, 2006 Filing 121 NOTICE OF MANDATORY ECF DIRECTED TO James G. LeMaster and Ernest E. Vargo, Non-registered attorney re #120 Order on Motion for Leave to File Excess Pages, had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge to institute contempt proceedings. cc: COR (TED)
November 3, 2006 Opinion or Order Filing 120 ORDER granting #113 Motion for Leave to File Excess Pages. The Court Clerk is instructed to remove the word "proposed" from Docket Entry 114, and said previously tendered Response is hereby ordered filed of record nunc pro tunc to 10/9/06 . Signed by Judge David L. Bunning. (TED)cc: COR
October 27, 2006 ***MOTION SUBMITTED TO CHAMBERS of Judge Bunning for review: #112 MOTION to Dismiss by Nationwide Mutual Insurance Company, #113 MOTION for Leave to File Excess Pages by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Y, #111 MOTION to Dismiss for Lack of Jurisdiction by Westfield National Insurance Company (TED)
October 24, 2006 NOTICE OF DOCKET MODIFICATION TO Drew Campbell re #118 Response in Support of Motion; Error: Attorney incorrectly filed the Reply to #112 using the event "Response"; Error made by Attorney; Correction: Clerk has modified the docket text of #118 to state this was incorrectly filed; Clerk has filed the Reply as #119 ; In the future, the attorney is advised to contact the ECF help desk if assistance is needed in choosing the correct event for filing; No further action required by counsel. cc: COR (TED)
October 23, 2006 Filing 119 REPLY to Response to Motion re #112 MOTION to Dismiss by Nationwide Mutual Insurance Company filed by Nationwide Mutual Insurance Company. (Attachments: #1 Exhibit Rodriguez v. The City of Milwaukee 1995 U.S. Dist. LEXIS 17700)(TED) Modified on 11/6/2006 adding link to #114 (Dallas, Tammy).
October 23, 2006 Filing 118 INCORRECTLY FILED AS RESPONSE in Support re #112 MOTION to Dismiss by Nationwide Mutual Insurance Company filed by Nationwide Mutual Insurance Company. (Attachments: #1 Exhibit Rodriguez v. The City of Milwaukee 1995 U.S. Dist. LEXIS 17700)(Campbell, Drew) Please see docket entry #119 for the CORRECT ENTRY for this pleading. Modified on 10/24/2006 (Dallas, Tammy).
October 19, 2006 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #113 MOTION for Leave to File Excess Pages by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Y (TED)
October 19, 2006 NOTICE OF DOCKET MODIFICATION TO Jason Reed re #114 PROPOSED Response in Opposition to Motion; Error: attorney failed to create a link to the CORRECT event to which the Proposed Response relates and the pleading was not accurately described; Entry made by attorney; Correction: Clerk has modified the text to create a link to #113 as the Proposed Response relates directly to the Motion for Leave to File excess pages and the Clerk has modified the docket text to state this is a "PROPOSED" response. In the future, attorney is advised to create a link to the CORRECT event to which the pleading relates and to enter additional text into the optional text box to better describe the pleading. No further action required by counsel. cc: COR (LSG)
October 18, 2006 Filing 117 NOTICE OF FILING by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas re #114 Response in Opposition to Motion,,,,,, of Supplemental Legal Authority (Attachments: #1 Appendix Hall v. MLS National Medical Evaluations, Inc.#2 Appendix Cook v. State Farm Mutual Automobile Insurance Co.)(Reed, Jason)
October 16, 2006 NOTICE OF DOCKET MODIFICATION TO William Robinson re #116 Notice of Filing ; Error by attorney: Attachments were insufficiently desribed as "Exhibit A", "Exhibit B"; Entry made by Attorney; Correction: Clerk has renamed the attachments. It is necessary that all attachments are adequately described. ex: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct); No further action required by attorney. cc: COR (TED)
October 13, 2006 Filing 116 NOTICE OF FILING by Hartford Underwriters Insurance Company Notice of Filing Additional Evidence in Opposition to Motion to Remand (Attachments: #1 Exhibit A Part 1#2 Exhibit A Part 2#3 Exhibit B Part 1#4 Exhibit B Part 2#5 Exhibit C Part 1#6 Exhibit C Part 2#7 Exhibit D Part 1#8 Exhibit D Part 2#9 Exhibit E Part 1#10 Exhibit E Part 2)(Robinson, William)
October 9, 2006 Filing 115 RESPONSE in Opposition re #111 MOTION to Dismiss for Lack of Jurisdiction by Westfield National Insurance Company filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas. (Reed, Jason)
October 9, 2006 Filing 114 RESPONSE re #112 MOTION to dismiss filed by Nationwide Mutual Insurance Company (Attachments: #1 Exhibit Kentucky Office of Insurance Electronic Complaint Form#2 Exhibit Special Exam Report - Safe Auto - Part I#3 Exhibit Special Exam Report - Safe Auto - Part II#4 Exhibit Agreed Order - Safe Auto#5 Exhibit MCE Report - Ohio Casualty - Part I#6 Exhibit MCE Report - Ohio Casualty - Part II#7 Exhibit MCE Report - Ohio Casualty - Part III#8 Exhibit MCE Report - Ohio Casualty - Part IV#9 Exhibit Agreed Order - Ohio Casualty#10 Exhibit MCE Report - Hartford - Part I#11 Exhibit MCE Report - Hartford - Part II#12 Exhibit MCE Report - Hartford - Part III#13 Exhibit MCE Report - Hartford - Part IV#14 Exhibit MCE Report - Hartford - Part V#15 Exhibit MCE Report - Hartford - Part VI#16 Exhibit Agreed Order - Hartford#17 Affidavit Affidavit of Counsel, Alexander F. Edmondson#18 Appendix Rowan County v. Sloas#19 Appendix Barnes v. First American Title Insurance Co.#20 Appendix Mitchell v. Chicago Title Insurance Co. (2004)#21 Appendix Mitchell v. Chicago Title Insurance Co. (2003)#22 Appendix Pioneer Resources Corp. v. Nami Resources Co., LLC#23 Appendix Denzik v. Denzik#24 Appendix Davis v. Stockyards Bank)(Reed, Jason) Modified text to include "Proposed" on 10/10/2006 (Greiwe, Linda). Modified text to add link to #113 and delete link to #112 on 10/19/2006 (Greiwe, Linda). Additional attachment(s)- 2 appendix filed in notice of filing 10/18/06 added on 10/19/2006 (Dallas, Tammy). Modified on 11/6/2006 to delete link to #113 and to create link to #112 and to take out the word "Proposed" per the Court's Order of 11/3/06 (Dallas, Tammy).
October 9, 2006 Filing 113 MOTION for Leave to File Excess Pages by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas (Attachments: #1 Proposed Order Proposed Order Granting Motion)(Reed, Jason)
September 27, 2006 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #51 MOTION to Remand by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas (TED)
September 25, 2006 NOTICE OF DEFICIENCY TO Thomas McIntosh re #111 MOTION to Dismiss for Lack of Jurisdiction by Westfield National Insurance Company ; Pages 1-3 of the Memorandum in support were missing; Error made by attorney. Attorney shall file the correct complete memorandum in suport as an attachment to a Notice of Filing within 3 business days cc: COR (TED)
September 25, 2006 NOTICE OF DOCKET MODIFICATION TO Drew Campbell re #112 MOTION to Dismiss by Nationwide Mutual Insurance Company ; Error: The main document was scanned instead of converted into PDF format directly from the native word application. All pleadings created with a word application shall be converted to PDF format using PDF conversion software rather than being scanned. Attachment Exhibit A was insufficiently described. Clerk has renamed the attachment. It is necessary that all attachments are adequately described. ex: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel on either. cc: COR (TED)
September 22, 2006 Filing 112 MOTION to Dismiss by Nationwide Mutual Insurance Company All Counts Against It in the First Amended Complaint (Attachments: #1 Table of Contents#2 Table of Authorities#3 Memorandum in Support #4 Exhibit A#5 Proposed Order)(Campbell, Drew)
September 22, 2006 Filing 111 MOTION to Dismiss for Lack of Jurisdiction by Westfield National Insurance Company (Attachments: #1 Memorandum in Support)(McIntosh, Thomas) Additional attachment(s) added on 11/8/2006 (Maxie, Joyce). Modified on 11/8/2006 (to attach corrected Memorandum in Support to the Main Document)(Maxie, Joyce).
September 20, 2006 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #77 MOTION to Dismiss by Stewart Title (TED)
September 19, 2006 Filing 110 REPLY to Response to Motion re #77 MOTION to Dismiss by Stewart Title filed by Stewart Title. (Attachments: #1 Appendix To Reply Memorandum#2 Exhibit A - KY Annual Premium Tax Reconciliation Form#3 Exhibit B - KY Quarterly Premium Tax Return Form#4 Exhibit C - Instructions for Filing Quarterly Premium Tax Returns)(Harrison, Jack)
September 19, 2006 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #55 MOTION to Dismiss by Chicago Title Insurance Company, #36 MOTION to Dismiss by Nationwide Mutual Insurance Company, #47 MOTION to Dismiss by Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, #53 MOTION to Stay re #50 MOTION to Dismiss by Capitol Indemnity Corporation by Capitol Indemnity Corporation, #74 MOTION to Dismiss by Hartford Underwriters Insurance Company, #50 MOTION to Dismiss by Capitol Indemnity Corporation, #62 MOTION to Dismiss by American International South Insurance Company MOTION to Stay by American International South Insurance Company MOTION to Dismiss by American International South Insurance Company MOTION to Stay by American International South Insurance Company MOTION to Dismiss by American International South Insurance Company MOTION to Stay by American International South Insurance Company (TED)
September 18, 2006 Filing 109 FRCP 7.1 DISCLOSURE STATEMENT by Westfield National Insurance Company. (McIntosh, Thomas)
September 14, 2006 Filing 108 REPLY BRIEF to #91 , #74 In Support of Motion to Dismiss filed by Hartford Underwriters Insurance Company. (Attachments: #1 Exhibit A: Serna v. H.E. Butt Grocery Co.#2 Exhibit B: Desi's Pizza v. City of Wilkes-Barre#3 Exhibit C: Wheeler v. City of Oakland)(Robinson, William)
September 11, 2006 NOTICE OF DOCKET MODIFICATION TO Jack Harrison re #104 Notice ; Error: Attorney incorrectly filed the response to #51 motion to remand and #78 joinder in Response in opposition using the event "notice"; Entry made by Attorney; Correction: Clerk has modified the docket text of #104 to state this was incorrectly filed; clerk has refiled the response as #107 . In the future the attorney is advised to contact the ECF help desk if assistance is needed in choosing the correct event for filing; No further action required by counsel. cc: COR (TED)
September 8, 2006 Filing 107 RESPONSE to #51 Plaintiff's motion to remand and joinder with State Farm Mutual Automobile Insurance Company's opposition #78 to plaintiff's motion to remand filed by Stewart Title. (This is refiled as Response and was incorrectly filed by attorney as notice in docket entry #104 (TED)
September 8, 2006 Filing 106 RESPONSE to Motion re #51 MOTION to Remand by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas filed by Standard Fire Insurance Company, Travelers Property Casualty Insurance Company. (Attachments: #1 Proposed Order)(Renzelmann, Jason)
September 8, 2006 Filing 105 RESPONSE in Opposition re #51 MOTION to Remand by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas filed by Nationwide Mutual Insurance Company. (Taylor, Maureen)
September 8, 2006 Filing 104 INCORRECTLY FILED AS NOTICE. NOTICE by Stewart Title re #78 Response in Opposition to Motion, Of Joinder in Response (Harrison, Jack) Modified on 9/11/2006 (Dallas, Tammy). Please see docket entry #107 for the correct entry for this entry.
September 7, 2006 Filing 103 REPLY to #62 in Support of Motion to Dismiss Claims Against filed by American International South Insurance Company. (Mueller, Stacy)
September 7, 2006 ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #18 MOTION to Dismiss by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, #61 MOTION to Dismiss for Lack of Jurisdiction by West American Insurance Company, Ohio Casualty Insurance Company (JMM)
September 6, 2006 Opinion or Order Filing 102 AGREED ORDER: The time for deft American International South Insurance Company to file its REPLY BRIEF in support of re #62 its motion to dismiss is hereby further extended until 9/7/2006. Signed by Judge David L. Bunning. (LMB)cc: COR
September 6, 2006 Filing 101 RESPONSE in Opposition re #77 MOTION to Dismiss by Stewart Title filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas. (Reed, Jason)
September 6, 2006 Filing 100 REPLY to Response to Motion re #53 MOTION to Stay re #50 MOTION to Dismiss by Capitol Indemnity Corporation by Capitol Indemnity Corporation filed by Capitol Indemnity Corporation. (Dance, D.)
September 6, 2006 Filing 99 RESPONSE in Opposition re #51 MOTION to Remand by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas filed by Westfield National Insurance Company. (McIntosh, Thomas)
September 6, 2006 ***FILE SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #97 Proposed Agreed Order/Stipulation (JMM)
September 5, 2006 Filing 98 REPLY to Response to Motion re #61 MOTION to Dismiss for Lack of Jurisdiction by West American Insurance Company, Ohio Casualty Insurance Company filed by West American Insurance Company, Ohio Casualty Insurance Company. (Kincaid, Robert)
September 5, 2006 Filing 97 Proposed Agreed Order/Stipulation Ext of Time to File Reply in Support of Motion to Dismiss Claims against by American International South Insurance Company. (Mueller, Stacy)
September 5, 2006 Filing 96 REPLY to #78 Response in Opposition to Motion to Remand filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas. (Reed, Jason)
September 5, 2006 Filing 95 REPLY BRIEF to #48 Plaintiffs Opposition to State Farm's Motion to Dismiss filed by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company. (Attachments: #1 Exhibit A: Ky. Attorney General Opinion 92-124#2 Exhibit B: Maiden v. N. Am. Stainless, L.P., 125 Fed. Appx. 1 (6th Cir. 2004))(McClellan, Rand)
September 1, 2006 Filing 94 REPLY to Response to Motion re #47 MOTION to Dismiss by Standard Fire Insurance Company, Travelers Property Casualty Insurance Company filed by Standard Fire Insurance Company, Travelers Property Casualty Insurance Company. (Renzelmann, Jason)
September 1, 2006 Filing 93 NOTICE of Appearance by Thomas McIntosh on behalf of Westfield National Insurance Company(substituting for James L. Salmon, Esq.) (McIntosh, Thomas)
September 1, 2006 NOTICE OF DOCKET MODIFICATION TO Christopher Nordloh re #91 Response in Opposition to Motion, the Attachment 6 - Affidavit "A Questionable Tax Article raises ire of policyholders; Entry made by Attorney Attachment 6- Affidavit was filed sideways; Correction: Clerk has rotated the page and entered document as a separate attachment as Correct PDF; At the browse screen within ECF, the attorney should always open and view each PDF document before proceeding with filing. No further action required. cc: COR (TED)
August 31, 2006 Filing 92 NOTICE OF FILING by Nationwide Mutual Insurance Company re #36 MOTION to Dismiss by Nationwide Mutual Insurance Company (Attachments: #1 Exhibit Proposed Order Granting Motion to Dismiss Count III For Conversion)(Walker, H.)
August 31, 2006 Filing 91 RESPONSE in Opposition re #74 MOTION to Dismiss by Hartford Underwriters Insurance Company filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas. (Attachments: #1 Affidavit Putative Class Member Carol Koch#2 Affidavit Demand for return of money#3 Affidavit 2004-2005 conversion of money under guise of tax#4 Affidavit 2002-2003 conversion of money under guise of "tax"#5 Affidavit 2006-2007 Auto Renewal without "tax", without credit for prior converted amounts#6 Affidavit "A QUESTIONABLE TAX" article raises ire of policyholders#7 Affidavit Exh. 1B(1) SF "official response 'so far'#8 Affidavit Exh. 1B(2) Policyholder demands her money back)(Nordloh, Christopher) Additional attachment(s) added on 9/1/2006 (Dallas, Tammy).
August 29, 2006 Filing 90 REPLY BRIEF to filed by Nationwide Mutual Insurance Company. (Walker, H.)
August 28, 2006 Opinion or Order Filing 89 ORDER granting #79 Motion to Appear Pro Hac Vice for Natalie Christine Trishman to appear for Nationwide Mutual Insurance Company. Signed by Judge David L. Bunning. (TED)cc: COR
August 28, 2006 Opinion or Order Filing 88 ORDER granting #80 Motion to Appear Pro Hac Vice for Drew Harrison Campbell to appear for Nationwide Mutual Insurance Company. Signed by Judge David L. Bunning. (TED)cc: COR
August 28, 2006 NOTICE OF DOCKET MODIFICATION TO Robert Kincaid re #82 MOTION for Joinder by West American Insurance Company, Ohio Casualty Insurance Company ; Error: Attorney incorrectly filed the response to #51 and #78 using the event "motion"; Entry made by Attorney; Correction: Clerk has modified the docket text of #82 to state this was incorrectly filed; clerk has filed the response as #86 . Clerk has termed the motion. In the future, the attorney is advised to contact the ECF help desk if assistance is needed in choosing the correct event for filing; No further action required by counsel cc: COR (TED)
August 25, 2006 Opinion or Order Filing 87 ORDER FOR STATUS CONFERENCE held on 8/24/06 before Judge David L. Bunning: 1) Plaintiffs' motion for class certification filed with the state court prior to removal (Doc #1) is hereby DENIED WITHOUT PREJUDICE as premature; 2) Additinal responses to Plfs' motion to remand are hereby due within 15 days of status conference by 9/8/06. Plfs' reply to responses due by 9/22/06; 3) motions to join in State Farm's response in opposition to plfs motion to remand filed by dfts American International South Insurance #81 and West American #82 are GRANTED; 4) Motion to stay adjudication of the various motions to dismiss pending a determination of plfs motion to remand #52 is hereby GRANTED. This is directed only to adjudication of dismissal motions; the time for filing said motions shall proceed as provided herein, with responses and replies due per the Joint Local Rules; 5) Plfs shall promptly serve a copy of their Amended Complaint upon all counsel of record; 6) To extent they have not already done so, dfts shall file their answers or otherwise plead to plfs' Amended Complaint no later than 9/22/06; 7) Unless a dft files a notice indicating otherwise, all existing motions to dismiss any or all claims in plfs' original Complaint apply with equal force to plfs Amended Complaint without the necessity of refiling; 8) Dft State Farm's motion for extension of time to file a reply to plfs' response to motion to dismiss #70 is GRANTED and dfts shall have to 9/8/06 to file their reply; 9) Dft Capitol Indemnity's oral motion for an extension of time to file its reply to plfs' response to its Motion to dismiss is GRANTED and dft shall to 9/8/06; 10) Dft Hartford Underwriters' motion for hearing on motion to dismiss #76 is DENIED AS PREMATURE pending adjudication of plfs' motion to remand at which time court will consider whether oral argument on motions to dismiss is necessary; 11) Dft Stewart Title MOTION to Stay #65 is DENIED AS MOOT; 12) Discovery is stayed pending further order of court; 13) The related removed case Kendrick, et al v. Standard Fire Ins. Co., Case No. 06-144 is hereby CONSOLIDATED with this action for all purposes. The parties shall hereafter make all filings in and use the case caption for Case No. 0-141 only. (COURT REPORTER: LISA WIESMAN) (TED)cc: COR
August 25, 2006 Filing 85 RESPONSE in Opposition re #62 MOTION to Dismiss by American International South Insurance Company MOTION to Stay by American International South Insurance Company MOTION to Dismiss by American International South Insurance Company MOTION to Stay by American International South Insurance Company MOTION to Dismiss by American International South Insurance Company MOTION to Stay by American International South Insurance Company filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas. (Reed, Jason)
August 25, 2006 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #79 MOTION for Natalie Christine Trishman to Appear Pro Hac Vice by Nationwide Mutual Insurance Company (Filing fee $65.), #80 MOTION for Drew Harrison Campbell to Appear Pro Hac Vice by Nationwide Mutual Insurance Company (Filing fee $65.) (TED)
August 24, 2006 NOTICE OF DEFICIENCY TO Robert Kincaid re #82 MOTION for Joinder by West American Insurance Company, Ohio Casualty Insurance Company ; Attorney has failed to submit a proposed order as an electronic attachment to the motion. Error made by attorney; Attorney shall file the proposed order as an attachment to a Notice of Filing within 3 business days.cc: COR (TED)
August 23, 2006 Filing 86 RESPONSE to #51 Plaintiff's motion to remand and joinder with State Farm Mutual Automobile Insurance Company's opposition #78 to Plaintiffs' motion to remand, filed by West American Insurance Company, Ohio Casualty Insurance Company. (This is refiled as Response and was incorrectly filed by attorney as motion in docket entry #82 ) (TED)
August 23, 2006 Filing 84 NOTICE OF FILING by American International South Insurance Company re #81 MOTION for Joinder by American International South Insurance Company (Attachments: #1 Proposed Order proposed Order re State Farm's Opposition to Plaintiff's Motion to Remand)(Mueller, Stacy)
August 23, 2006 Filing 83 PRO HAC VICE Filing fee received - DREW HARRISON AND NATALIE TRISHMAN - $ 130, receipt number 125127 (TED)
August 23, 2006 Filing 82 INCORRECTLY FILED AS MOTION. MOTION for Joinder by West American Insurance Company, Ohio Casualty Insurance Company in State Farm's Opposition to Plaintiffs' Motion to Remand (Kincaid, Robert) Modified on 8/28/2006 (Dallas, Tammy). Please see docket entry #86 for the CORRECT ENTRY for this pleading.
August 23, 2006 NOTICE OF DEFICIENCY TO Stacy Mueller re #81 MOTION for Joinder by American International South Insurance Company ; Attorney has failed to submit a proposed order as an electronic attachment to the motion; Error made by attorney. Attorney shall file the proposed order as an attachment to a Notice of Filing within 3 business days.cc: COR (TED)
August 23, 2006 NOTICE OF DOCKET MODIFICATION TO Rand McClellan re #78 Response in Opposition to Motion ; Error: Attachments were insufficiently described as "Exhibit A"; Entry made by Attorney; Correction: Clerk has renamed the attachments. It is necessary that all attachments are adequately described. ex: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct); No further action required by attorney cc: COR (TED)
August 22, 2006 Filing 81 MOTION for Joinder by American International South Insurance Company in State Farm's Opposition to Plaintiffs' Motion to Remand (Mueller, Stacy) Additional attachment(s) added on 8/24/2006 (Dallas, Tammy).
August 22, 2006 Filing 80 MOTION for Drew Harrison Campbell to Appear Pro Hac Vice by Nationwide Mutual Insurance Company (No Filing fee paid) (Attachments: #1 Certificate of Good Standing#2 Proposed Order Granting Pro Hac Vice Motion)(Walker, H.) Modified adding "no filing fee paid" on 8/23/2006 (Dallas, Tammy).
August 22, 2006 Filing 79 MOTION for Natalie Christine Trishman to Appear Pro Hac Vice by Nationwide Mutual Insurance Company (no Filing fee paid) (Attachments: #1 Certificate of Good Standing#2 Proposed Order Granting Pro Hac Vice Motion)(Walker, H.) Modified "no filing fee paid" on 8/23/2006 (Dallas, Tammy).
August 22, 2006 Filing 78 RESPONSE in Opposition re #51 MOTION to Remand by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas filed by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company. (Attachments: #1 Exhibit A#2 Proposed Order)(McClellan, Rand)
August 21, 2006 Filing 77 MOTION to Dismiss by Stewart Title Pursuant to Rules 9 and 12 of the Federal Rules of Civil Procedure (Attachments: #1 Proposed Order #2 Memorandum in Support #3 Appendix #4 Exhibit A - KOI Advisory Opinion#5 Exhibit B - KY House Bill 709#6 Exhibit C - Bradshaw v. Monumental Life Insurance Co.#7 Exhibit D - Barnes v. First American Title Insurance Co.#8 Exhibit E - Burkhart v. Community Services Project Inc.)(Harrison, Jack)
August 21, 2006 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #18 MOTION to Dismiss by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company (TED)
August 18, 2006 Filing 76 MOTION for Hearing re #74 MOTION to Dismiss by Hartford Underwriters Insurance Company by Hartford Underwriters Insurance Company (Attachments: #1 Proposed Order)(Robinson, William)
August 18, 2006 Opinion or Order Filing 75 ORDER granting #68 Motion to Appear Pro Hac Vice for John D. Parker, Ernest E. Vargo and Michael E. Mumford to appear as counsel for Chicago Title Insurance Company . Signed by Judge David L. Bunning. (TED)cc: COR
August 18, 2006 Filing 74 MOTION to Dismiss by Hartford Underwriters Insurance Company Failure to State Claim; Lack of S.M. Jurisdiction; Failure To Exhaust (Attachments: #1 Memorandum in Support #2 Exhibit A: Kaucky v. Southwest Airlines#3 Exhibit B: Serna v. H.E. Butt#4 Exhibit C: KY Office of Insurance: Filing a Consumer Complaint#5 Exhibit D: KY Office of Insurance Advisory Opinion 2005-05#6 Proposed Order)(Robinson, William)
August 18, 2006 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #68 MOTION for John D. Parker, Ernest E. Vargo, and Michael E. Mumford to Appear Pro Hac Vice by Chicago Title Insurance Company (Filing fee $65.) (TED)
August 17, 2006 Filing 73 PRO HAC VICE Filing fee received - JOHN D. PARKER,ERNEST E. VARGO,MICHAEL E. MUMFORD - $ 195.00, receipt number 125117 (TED)
August 17, 2006 Filing 72 NOTICE OF FILING by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company (Attachments: #1 Proposed Order)(McClellan, Rand)
August 17, 2006 NOTICE OF ACTION BY CLERK STRIKING A DOCUMENT FROM THE RECORD re #66 RESPONSE to defense motion to stay, was an INCORRECT PDF document filed as main document; Attorney has re-filed the corrected RESPONSE TO DEFENSE MOTION TO STAY as docket entry #67 . *SV* cc: COR (TED)
August 17, 2006 NOTICE OF DOCKET MODIFICATION TO Jason Reed re #67 RESPONSE, ; Error: This is a response and a reply. The attorney has only filed the pleading as a response. Document should have been filed as two separate entries; Entry made by Attorney; Correction: Clerk has re-filed the pleading as a Reply in support of motion to stay of plaintiffs #71 ; In the future when filing multiple pleadings within one filing, please refer to the ECF User Manual "Filing other types of documents" for the correct procedure. No further steps required by counsel. cc: COR (TED)
August 17, 2006 NOTICE OF DEFICIENCY TO Rand McClellan re #70 MOTION for Extension of Time to File Response/Reply by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company ; Attorney has failed to submit a proposed order as an electronic attachment to the motion; Attorney shall file the proposed order as an attachment to a Notice of Filing within 3 business days. The main document was scanned instead of converted into PDF format directly from the native word application. All pleadings created with a word application shall be converted to PDF format using PDF conversion software rather than being scanned. No further action on this required by counsel. cc: COR (TED)
August 16, 2006 Filing 70 MOTION for Extension of Time to File Response/Reply by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company (McClellan, Rand) Additional attachment(s) added on 8/18/2006 (Dallas, Tammy).
August 15, 2006 Filing 69 RESPONSE in Opposition re #36 MOTION to Dismiss by Nationwide Mutual Insurance Company filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas. (Nordloh, Christopher)
August 15, 2006 Filing 68 MOTION for John D. Parker, Ernest E. Vargo, and Michael E. Mumford to Appear Pro Hac Vice by Chicago Title Insurance Company (Attachments: #1 Affidavit of John D. Parker#2 Affidavit of Ernest E. Vargo#3 Affidavit of Michael E. Mumford#4 Proposed Order)(Martin, Ted) Modified no filing fee paid on 8/16/2006 (Dallas, Tammy).
August 11, 2006 Filing 71 REPLY in support of Plaintiffs' Motion to Stay #52 (included within docket entry #67 and docketed for report purposes) filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas. (TED)
August 11, 2006 Filing 67 RESPONSE to #52 , #65 to Motion to Stay & Reply in Support of Motion to Stay (CAPTION CORRECTED) filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas. (Reed, Jason) Modified removing link to #66 sricken document on 8/17/2006 (Dallas, Tammy).
August 11, 2006 Filing 66 STRICKEN PURSUANT to Notice of Action Striking Document filed on 8/17/06. Document was refiled in the correct case of 2:06-cv-144. Modified on 8/17/2006 (Dallas, Tammy).
August 11, 2006 Filing 65 MOTION to Stay by Stewart Title To Extend All Filing Deadlines Through August 24, 2006 Conference And Entry Of Scheduling Order (Attachments: #1 Memorandum in Support #2 Proposed Order #3 Exhibit B - KOI Advisory Opinion 2005-05)(Harrison, Jack)
August 11, 2006 Filing 64 NOTICE OF FILING by Chicago Title Insurance Company re #55 MOTION to Dismiss by Chicago Title Insurance Company Proposed Order (Attachments: #1 Proposed Order)(Martin, Ted)
August 11, 2006 NOTICE OF DOCKET MODIFICATION TO Jason Reed re #59 RESPONSE, ; Error: Attorney has failed to type name on the signature line. The name of the Filing User under whose login and password the document is submitted must be preceded by an "s/" and typed in the space where the signature would otherwise appear. Signature lines on document and filer do not match; Entry made by Attorney; No further action required by counsel. cc: COR (TED)
August 11, 2006 NOTICE OF DOCKET MODIFICATION TO Robert Kincaid re #61 MOTION to Dismiss for Lack of Jurisdiction by West American Insurance Company, Ohio Casualty Insurance Company ; Error: Main document was scanned instead of converted into PDF format directly from the native word application. All pleadings created with a word application shall be converted to PDF format using PDF conversion software rather than being scanned; Attachments were insufficiently described as Exhibit A. Clerk has renamed the attachment. It is necessary that all attachments are adequately described. ex: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). Entry made by Attorney; No further action required by attorney cc: COR (TED)
August 11, 2006 NOTICE OF DEFICIENCY TO Ted Martin re #55 MOTION to Dismiss by Chicago Title Insurance Company ; Attorney has failed to submit a proposed order as an electronic attachment to the motion; Error made by attorney; Attorney shall file the proposed order as an attachment to a Notice of Filing within 3 business days.cc: COR (TED)
August 10, 2006 Filing 63 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT by American International South Insurance Company. (Karlsgodt, Paul)
August 10, 2006 Filing 62 MOTION to Dismiss by American International South Insurance Company , MOTION to Stay by American International South Insurance Company (Attachments: #1 Memorandum in Support #2 Exhibit A - Local Government Premium Taxes#3 Exhibit B - 2006 Bulletin#4 Exhibit C - Annual Reconciliation#5 Exhibit D - Quarterly Tax Return#6 Exhibit E - Advisory Opinion#7 Proposed Order re Motion to Dismiss#8 Proposed Order re Request to Stay Proceedings)(Karlsgodt, Paul) Additional attachment(s) added on 8/11/2006 (Dallas, Tammy).
August 10, 2006 Filing 61 MOTION to Dismiss for Lack of Jurisdiction by West American Insurance Company, Ohio Casualty Insurance Company (Attachments: #1 Memorandum in Support #2 Exhibit A#3 Proposed Order)(Kincaid, Robert)
August 10, 2006 Filing 60 FRCP 7.1 DISCLOSURE STATEMENT by Nationwide Mutual Insurance Company. (Walker, H.)
August 10, 2006 Filing 59 RESPONSE to #50 Motion to Dismiss Filed by Defendant Capitol Indemnity filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas. (Reed, Jason)
August 10, 2006 Filing 58 FRCP 7.1 DISCLOSURE STATEMENT by West American Insurance Company. (Kincaid, Robert)
August 10, 2006 Filing 57 FRCP 7.1 DISCLOSURE STATEMENT by Ohio Casualty Insurance Company. (Kincaid, Robert)
August 10, 2006 Filing 55 MOTION to Dismiss by Chicago Title Insurance Company (Martin, Ted) Additional attachment(s) added on 8/14/2006 (Maxie, Joyce). Modified on 8/14/2006 (to attach Proposed Order)(Maxie, Joyce).
August 10, 2006 Filing 54 FRCP 7.1 DISCLOSURE STATEMENT by Chicago Title Insurance Company. (Martin, Ted)
August 9, 2006 Opinion or Order Filing 56 ORDER: By agreement of the parties the time for dfts Ohio Casualty Insurance Company and West American Insurance Company to answer or otherwise plead in response to plaintiffs' complaint (contained in Notice of Removal #1 as First Amended Complaint) is hereby further extended until August 10, 2006. Signed by Judge J. Gregory Wehrman. (TED)cc: COR
August 8, 2006 NOTICE OF DOCKET MODIFICATION TO D. Dance re #50 MOTION to Dismiss by Capitol Indemnity Corporation ; Error: This document has two motion reliefs and only one was docketed; Entry made by Attorney; Correction: Clerk has docketed the Motion to Stay as DE #53 . In the future when docketing a motion with two or more reliefs, you need to click on your first motion and then hold down the control key and click on the other motion(s). This will put all of the motions on the Judge's motion report for ruling.; No further action required by counsel cc: COR (TED)
August 7, 2006 Filing 53 MOTION to Stay (additional motion contained in #50 MOTION to Dismiss by Capitol Indemnity Corporation) filed by Capitol Indemnity Corporation (Attachments: #1 Memorandum in Support #2 Proposed Order)(TED)
August 7, 2006 Filing 52 MOTION to Stay by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas (Attachments: #1 Memorandum in Support #2 Proposed Order)(Reed, Jason)
August 7, 2006 Filing 51 MOTION to Remand with memorandum in support by Plaintiffs, Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas (Attachments: #1 Memorandum in Support #2 Exhibit A-Napolitano v. Krystle Towers cited in Westlaw#3 Proposed Order)(TED)
August 7, 2006 Filing 50 MOTION to Dismiss by Capitol Indemnity Corporation (Attachments: #1 Memorandum in Support of Motion to Dismiss or, in the Alternative, to Stay#2 Proposed Order Granting Motion to Dismiss#3 Proposed Order Staying Proceeding)(Dance, D.)
August 7, 2006 Filing 49 Proposed Agreed Order/Stipulation for extension of time to answer until 8/10/06 by West American Insurance Company, Ohio Casualty Insurance Company. (Martin, Ted)
August 4, 2006 Filing 48 RESPONSE in Opposition re #18 MOTION to Dismiss by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas. (Nordloh, Christopher)
August 4, 2006 Filing 47 MOTION to Dismiss by Standard Fire Insurance Company, Travelers Property Casualty Insurance Company (Attachments: #1 Memorandum in Support #2 Exhibit A - Advisory Opinion 2005 -05#3 Exhibit B - Advisory Opinion 2001-04#4 Proposed Order)(Renzelmann, Jason)
August 4, 2006 Filing 46 CORPORATE DISCLOSURES by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company.(Dusing, Gerald)
August 4, 2006 Filing 45 Proposed Agreed Order granting defendant Westfield National Insurance Company an extension of time to respond to plaintiffs' complaint until 9/7/06. (TED)
August 4, 2006 Filing 44 NOTICE TO ATTORNEY Natalie T. Furniss by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Request form to Lexington)(TED)
August 4, 2006 ***FILE SUBMITTED TO CHAMBERS of Judge Bunning for review: #45 Proposed Agreed Order/Stipulation (TED)
August 3, 2006 Opinion or Order Filing 43 ORDER granting #29 Motion to Appear Pro Hac Vice for counsel John B. Moorhead, Paul G. Karlsgodt, Stacy D. Mueller and Angela M. Hayden to appear for defendant, American International South Insurance Company . Signed by Judge J. Gregory Wehrman. (TED)cc: COR
August 3, 2006 Opinion or Order Filing 42 ORDER granting #32 Motion to Appear Pro Hac Vice for counsel Robert M. Kincaid, Jr. and Jessie M. Gabriel to appear for defendant Ohio Casualty Insurance Company. Signed by Judge J. Gregory Wehrman. (TED)cc: COR
August 3, 2006 Opinion or Order Filing 41 ORDER granting #33 Motion to Appear Pro Hac Vice for counsel Rodger L. Eckelberry to appear for defendant Ohio Casualty Insurance Company . Signed by Judge J. Gregory Wehrman. (TED)cc: COR
August 3, 2006 Filing 40 PRO HAC VICE Filing fee received - John B. Moorhead, Paul G. Karlsgodt, Stacy D. Mueller, Angela M. Hayden, Robert M. Kincaid, Jr., Jessie M. Gabriel, Rodger L. Eckelberry - $ 455 (for case Cov. Cv. 06-141), receipt number 125088 (TED)
August 3, 2006 Filing 39 NOTICE TO ATTORNEY Drew H. Campbell by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (TED)
August 3, 2006 NOTICE OF DEFICIENCY TO H. Lawson Walker re #36 MOTION to Dismiss by Nationwide Mutual Insurance Company ; Attorney has failed to submit a proposed order as an electronic attachment to the motion. Error made by attorney; Attorney shall file the proposed order as an attachment to a Notice of Filing within 3 business days. Attorney has failed to type name on the signature line. The name of the Filing User under whose login and password the document is submitted must be typed in the place where the signature would otherwise appear preceded by an "s/". No further action required by counsel. cc: COR (TED)
August 3, 2006 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #29 MOTION for John B. Moorhead, Paul G. Karlsgodt, Stacy D. Mueller, and Angela M. Hayden to Appear Pro Hac Vice by American International South Insurance Company, #32 MOTION for Robert M. Kincaid, Jr. and Jessie M. Gabriel to Appear Pro Hac Vice by Ohio Casualty Insurance Company; #33 MOTION for Rodger L. Eckelberry to Appear Pro Hac Vice by Ohio Casualty Insurance Company (TED)
August 2, 2006 Filing 38 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Gerald F. Dusing. #1 Notice of Removal,, has been filed without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within ten (10) days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (TED)
August 2, 2006 Filing 37 CORPORATE DISCLOSURES by Capitol Indemnity Corporation.(Dance, D.)
August 2, 2006 Filing 36 MOTION to Dismiss Count III for conversion by Nationwide Mutual Insurance Company with memorandum in support (Walker, H.) Modified adding "Count III for conversion" and "memorandum in support" on 8/3/2006 (Dallas, Tammy). Additional attachment(s) added on 9/1/2006 (Dallas, Tammy).
August 2, 2006 Filing 35 FRCP 7.1 DISCLOSURE STATEMENT by Hartford Underwriters Insurance Company. (Smith, Lynette)
August 2, 2006 Filing 34 ANSWER to Amended Complaint by Capitol Indemnity Corporation.(Dance, D.)
August 2, 2006 Filing 33 MOTION for Rodger L. Eckelberry to Appear Pro Hac Vice by Ohio Casualty Insurance Company (Filing fee $65.) (Attachments: #1 Affidavit of Rodger L. Eckelberry#2 Proposed Order)(Martin, Ted)
August 2, 2006 ***FILE SUBMITTED TO CHAMBERS of Judge Bunning for review: #26 Proposed Agreed Order/Stipulation (TED)
August 2, 2006 NOTICE OF DEFICIENCY TO Jason Reed re #28 Notice of Filing, ; Attorney has failed to type name on the signature line. The name of the filing user under whose login and password the document is submitted must be preceded by an "s/" and typed in the space where the signature would otherwise appear and upon the certification; No further action required. cc: COR (TED)
August 2, 2006 NOTICE OF ACTION BY CLERK STRIKING A DOCUMENT FROM THE RECORD re #27 NOTICE OF APPEARANCE, was an INCORRECT PDF document filed as main document; Attorney has already re-filed the corrected Entry of Appearance as docket entry #28 . *tda* cc: COR (TED)
August 2, 2006 ***FILE SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #24 Proposed Agreed Order/Stipulation (TED)
August 1, 2006 Filing 32 MOTION for Robert M. Kincaid, Jr. and Jessie M. Gabriel to Appear Pro Hac Vice by Ohio Casualty Insurance Company (Filing fee $65.) (Attachments: #1 Affidavit of Robert M. Kincaid#2 Affidavit of Jessie M. Gabriel#3 Proposed Order)(Martin, Ted)
August 1, 2006 Filing 31 FRCP 7.1 DISCLOSURE STATEMENT by Standard Fire Insurance Company, Travelers Property Casualty Insurance Company. (Renzelmann, Jason)
August 1, 2006 Filing 30 NOTICE OF APPEARANCE by John R. Crockett, III, Jason Renzelmann, and Frost Brown Todd LLC by Standard Fire Insurance Company, Travelers Property Casualty Insurance Company.(Renzelmann, Jason)
August 1, 2006 Filing 29 MOTION for John B. Moorhead, Paul G. Karlsgodt, Stacy D. Mueller, and Angela M. Hayden to Appear Pro Hac Vice by American International South Insurance Company (Filing fee $65.) (Attachments: #1 Affidavit of John B. Moorhead#2 Affidavit of Paul G. Karlsgodt#3 Affidavit of Stacy D. Mueller#4 Affidavit of Angela M. Hayden#5 Proposed Order)(Martin, Ted)
August 1, 2006 Filing 28 NOTICE OF APPEARANCE by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas of Entry of Appearance, With Case Number Corrected (Reed, Jason) Modified changing from Notice of Filing to Notice of Appearance on 8/2/2006 (Dallas, Tammy).
August 1, 2006 Filing 27 STRICKEN PURSUANT TO NOTICE OF ACTION STRIKING DOCUMENT filed on 8/2/06.(ted).
August 1, 2006 Filing 26 Proposed Agreed Order/Stipulation Extending Time to Answer or Otherwise Plead by Stewart Title. (Harrison, Jack)
August 1, 2006 Filing 25 NOTICE OF APPEARANCE of Jack B. Harrison and Frost Brown Todd LLC as Counsel for Stewart Title by Stewart Title.(Harrison, Jack)
August 1, 2006 Filing 24 Proposed Agreed Order/Stipulation extending time for Amer. Intnl South Ins Co to file Answer to 8/10/06 by American International South Insurance Company. (Martin, Ted)
July 27, 2006 Opinion or Order Filing 23 ORDER: A Status Conference is set for 8/24/2006 09:30 AM in Covington before David L. Bunning. Signed by Judge David L. Bunning. (JMM)cc: COR
July 26, 2006 Opinion or Order Filing 22 ORDER granting #16 Motion to Appear Pro Hac Vice for William N. Withrow, Jr., Lynette Eaddy Smith and Anne P. Caiola to appear as counsel for dft Hartford Underwriters Insurance Company. Signed by Judge David L. Bunning. (TED)cc: COR
July 26, 2006 Opinion or Order Filing 21 AGREED ORDER granting Westfield National Insurance Company an extension of time to respond to plaintiff's complaint. Dft Westfield National Insurance Company shall have until 8/7/2006 to answer or otherwise plead. Signed by Judge David L. Bunning. (TED)cc: COR
July 25, 2006 Filing 20 NOTICE OF FILING by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company re #1 Notice of Removal, (Attachments: #1 Exhibit Certification/Case History/Class Action Complaint/Summons#2 Exhibit Frist Amended Complaint/Amended Summons/Certified Mail Green Cards#3 Exhibit Answer/Letter/Stipulation/Agreed Orders/Plaintiffs Motion for Class Certification/Entry of Appearance)(Dusing, Gerald)
July 24, 2006 Clerk's Note: Call to office of Dusing 7/24/06. Advised we need additional state court record filed for the original Notice of Removal. We need Notice of Filing with Supplemental State Court Record filed as an attachment. (TED)
July 24, 2006 ***FILE SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #15 Proposed Agreed Order/Stipulation, #13 Proposed Agreed Order/Stipulation (TED)
July 24, 2006 NOTICE OF DOCKET MODIFICATION TO William T. Robinson re #16 MOTION for William N. Withrow, Jr., Lynette Eaddy Smith, & Anne P. Caiola to Appear Pro Hac Vice by Hartford Underwriters Insurance Company (Filing fee $65.) ; Error: The main document was scanned instead of converted into PDF format directly from the native word application; Entry made by Attorney; Correction: All pleadings created with a word application shall be converted to PDF format using PDF conversion software rather than being scanned; No further action required by counsel. cc: COR (TED)
July 21, 2006 Opinion or Order Filing 19 AGREED ORDER Granting Chicago Title Insurance Company an extension of time of an additional 20 days to answer the first amended class action complaint answer due 8/10/2006. Signed by Judge David L. Bunning. (LMB)cc: COR
July 21, 2006 Filing 18 MOTION to Dismiss by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company WITH MEMORANDUM IN SUPPORT (Attachments: #1 Exhibit Exh A - KY Legis RS 492 (2000)#2 Exhibit Exh B - Advisory Opin 2005-5#3 Exhibit Exh. C - Advisory Opin 2001-04#4 Exhibit Exh. D - Lexsee 2 Cal.4th 377#5 Exhibit Exh E - Lexsee 371 N.J.Super.449#6 Exhibit Exh. F - Lexsee 133 N.M. 669#7 Exhibit Exh G - 2003-CA-002744-MR#8 Exhibit Exh. H - Lexsee 135 S.W.3D 826#9 Proposed Order)(Dusing, Gerald)
July 21, 2006 Filing 17 PRO HAC VICE Filing fee received - William N. Withrow, Jr., Lynette Eaddy Smith & Anne P. Caiola - $ 195.00, receipt number 125055 (LSG)
July 21, 2006 Filing 16 MOTION for William N. Withrow, Jr., Lynette Eaddy Smith, & Anne P. Caiola to Appear Pro Hac Vice by Hartford Underwriters Insurance Company (Filing fee $65.) (Attachments: #1 Affidavit Affidavit of William N. Withrow, Jr.#2 Affidavit Affidavit of Lynette Eaddy Smith#3 Affidavit Affidavit of Anne P. Caiola#4 Proposed Order [Proposed] Order)(Robinson, William)
July 21, 2006 Filing 15 Proposed Agreed Order/Stipulation extending time for Amer Intl South Ins Co to answer to 8/4/2006 by American International South Insurance Company. (Martin, Ted)
July 21, 2006 Filing 13 Proposed Agreed Order/Stipulation extending time for Ohio Casualty and West American to Answer to 8/4/2006 by West American Insurance Company, Ohio Casualty Insurance Company. (Martin, Ted)
July 21, 2006 Filing 9 NOTICE of Appearance by H. Lawson Walker, II on behalf of Nationwide Mutual Insurance Company (Walker, H.)
July 21, 2006 ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #10 Proposed Agreed Order/Stipulation, (LMB)
July 21, 2006 ***FILE SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #8 Proposed Agreed Order/Stipulation (TED)
July 21, 2006 ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #16 MOTION for William N. Withrow, Jr., Lynette Eaddy Smith, & Anne P. Caiola to Appear Pro Hac Vice by Hartford Underwriters Insurance Company (Filing fee $65.) (LSG)
July 20, 2006 Filing 8 Proposed Agreed Order/Stipulation GRANTING DEFENDANT CHICAGO TITLE EXTENSION OF TIME TO 8/10/2006 by Chicago Title Insurance Company. (Martin, Ted)
July 20, 2006 Clerk's Note: Call to Attorney Dusing's office inquiring if entire state court record was filed. I was advised that the entire Kenton Circuit Court record was filed with the removal in our court. They obtained the entire state court record from Kenton Circuit Court the day of filing the Removal and same was filed with the Removal in this court. (TED)
July 19, 2006 Opinion or Order Filing 14 AGREED ORDER extending time to answer by Capitol Indemnity Corporation answer due 8/3/2006. Signed by Judge David L. Bunning. (LMB)cc: COR
July 19, 2006 Opinion or Order Filing 12 AGREED ORDER extending time to answer by Hartford Underwriters Insurance Company answer due 8/25/2006. Signed by Judge David L. Bunning. (LMB)cc: COR
July 19, 2006 Opinion or Order Filing 11 AGREED ORDER extending time to answer plffs complaint as to Standard Fire Insurance Company answer due 8/4/2006; Travelers Property Casualty Insurance Company answer due 8/4/2006; Nationwide Mutual Insurance Company answer due 8/4/2006, . Signed by Judge David L. Bunning. (LMB)cc: COR
July 19, 2006 Filing 10 Proposed Agreed Order for EXTENSION OF TIME TO RESPOND to plffs complaint by Donald Gary Wilson, Suzanne Wilson, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Westfield National Insurance Company, Martha Yunker, John Nicholas. (LMB)
July 19, 2006 Filing 7 Proposed Agreed tendered by Atty D. Craig Dance, counsel for Capitol Indemnity Corporation and Plffs Counsel, Christopher Nordloh. (LMB)
July 19, 2006 ***FILE SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #4 Proposed Agreed Order/Stipulation, #5 Proposed Agreed Order/Stipulation (TED)
July 19, 2006 ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #7 Proposed Agreed Order (LMB)
July 18, 2006 Opinion or Order Filing 6 ORDER granting #2 Motion to Appear Pro Hac Vice for attorneys Mark A. Johnson, Brian J. Laliberte, and Rand L. McClellan. Signed by Judge David L. Bunning. (JMM)cc: COR
July 18, 2006 Filing 5 Proposed Agreed Order/Stipulation for Extension of Time by Hartford Underwriters Insurance Company. (Schaeffer, Andrew)
July 18, 2006 Filing 4 Proposed Agreed Order/Stipulation To extend time to answer or otherwise plead to plaintiffs' complaint by Nationwide Mutual Insurance Company. (Walker, H.)
July 14, 2006 MOTION FOR CLASS CERTIFICATION filed by plaintiffs (see Notice of Removal - State Court Record)(TED)
July 14, 2006 FIRST AMENDED COMPLAINT against American International South Insurance Company, Stewart Title, Standard Fire Insurance Company, Travelers Property Casualty Insurance Company, Hartford Underwriters Insurance Company, West American Insurance Company, State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Nationwide Mutual Insurance Company, Chicago Title Insurance Company, Westfield National Insurance Company, Capitol Indemnity Corporation, Ohio Casualty Insurance Company, filed by Donald Gary Wilson, Suzanne Wilson, Karla McCullough, Charles Hamilton, Jason Young, Diana Young, Robert Dyas, Johnna Dyas, David Knight, L. Craig Kendrick, Alexander Edmondson, Stella Christine Geise, Martha Yunker, John Nicholas. (see Notice of Removal-State Court Record)(TED)
July 14, 2006 Filing 3 PRO HAC VICE Filing fee received - Mark A. Johnson, Brian J. Laliberte and Rand L. McClellan - $ 195.00, receipt number 125035 (TED)
July 14, 2006 Filing 2 MOTION for Mark A. Johnson, Brian J. Laliberte and Rand L. McClellan to Appear Pro Hac Vice by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company (Attachments: #1 Affidavits of Mark A. Johnson, Brian J. Laliberte and Rand L. McClellan#2 Proposed Order)(TED)
July 14, 2006 Filing 1 NOTICE OF REMOVAL from Kenton District Court, Second Division, case number 06-C-2229. ( Filing fee $350; receipt number 125034), filed by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company. (Attachments: #1 Civil Cover Sheet, Case Assignment Sheet, Receipt#2 State Court Record-Part 1- Pages 1-45#3 State Court Record-Part 2 pages 46-end#4 Certificate of Filing Notice of Removal filed with Clerk Kenton District Court)(TED) Additional attachment(s) added on 7/31/2006 (Dallas, Tammy).
July 14, 2006 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #2 MOTION for Mark A. Johnson, Brian J. Laliberte and Rand L. McClellan to Appear Pro Hac Vice by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company (TED)

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Search for this case: Kendrick et al v. Standard Fire Insurance Company et al
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Intervenor plaintiff: Jonathan Lee Riches
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Intervenor plaintiff: Emma Snowsill
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Intervenor plaintiff: Janet Rabinowich
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Plaintiff: Johnna Dyas
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Dixie Dew Products, Incorporated
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Stella Christine Geise d/b/a Children's Place Preschool, Also a plaintiff in Cov. Civ. 06-144
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Robert Dyas
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Robert Nesbitt
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Mary Beth Perry
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Matthew T. Sanning
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Alexander Edmondson
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Jamie Brown
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Anna M. Nichols
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Greg Adamkiewicz
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Michael Kiffmeyer
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Ruth Culyer
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Charles Hamilton
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Mark Hahn
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Suzanne Wilson
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: John Nicholas
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Donald Gary Wilson
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: James D. Nichols
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Amy Hahn
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Brenda Adamkiewicz
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Delbert Kenneth Perry
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Laura Kiffmeyer
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Martha Yunker
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Diana Young
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: L. Craig Kendrick
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Jason Young
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: David Knight
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Plaintiff: Karla McCullough
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Cross defendant: James K. Jarboe
Represented By: Gary E. Mason
Represented By: Alexander E. Barnett
Represented By: Jason Vincent Reed
Represented By: John C. Whitfield
Represented By: Christopher Scott Nordloh
Represented By: Alexander F. Edmondson
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Defendant: American International South Insurance Company
Represented By: Angela M. Hayden
Represented By: John B. Moorhead
Represented By: Paul G. Karlsgodt
Represented By: Casie D. Collignon
Represented By: Stacy D. Mueller
Represented By: Ted T. Martin
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Defendant: Indiana Insurance Company
Represented By: Jessie M. Gabriel
Represented By: Robert M. Kincaid, Jr.
Represented By: Rodger L. Eckelberry
Represented By: John F. Carroll, Jr.
Represented By: Donald L. Miller, II
Represented By: Peter Matthew Cummins
Represented By: Maureen P. Taylor
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Defendant: Safe Auto Insurance Company
Represented By: K. Roger Schoeni
Represented By: Craig A. Cohen
Represented By: Michael R. Nelson
Represented By: Randall S. Rabe
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Defendant: Progressive Direct Insurance Company
Represented By: Matthew T. Lockaby
Represented By: John F. Carroll, Jr.
Represented By: Donald L. Miller, II
Represented By: Peter Matthew Cummins
Represented By: Maureen P. Taylor
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Defendant: Travelers Property Casualty Insurance Company
Represented By: John R. Crockett, III
Represented By: H. Lawson Walker, II
Represented By: Cory J. Skolnick
Represented By: Christa J.F. Rounsavall
Represented By: Jason P. Renzelmann
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Defendant: Stewart Title
Represented By: Patricia A. Foster
Represented By: Jack B. Harrison
Represented By: Jeffrey E. Crane
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Defendant: Acuity, A Mutual Insurance Company
Represented By: Mark A. MacDonald
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Defendant: Foremost Insurance Company
Represented By: Joseph L. Hamilton
Represented By: Chadwick Aaron McTighe
Represented By: Marjorie Ann Farris
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Defendant: Alfa Vision Insurance
Represented By: Matthew S. Arend
Represented By: James A. Comodeca
Represented By: Margaret M. Maggio
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Defendant: West American Insurance Company
Represented By: Jessie M. Gabriel
Represented By: Robert M. Kincaid, Jr.
Represented By: Rodger L. Eckelberry
Represented By: John F. Carroll, Jr.
Represented By: Ted T. Martin
Represented By: Maureen P. Taylor
Represented By: Donald L. Miller, II
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Defendant: Shelter Mutual Insurance Company
Represented By: Deborah R. Lydon
Represented By: Matthew S. Arend
Represented By: James A. Comodeca
Represented By: Margaret M. Maggio
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Defendant: Office of the Kentucky Attorney General
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Defendant: Kentucky Farm Bureau Mutual Insurance Company
Represented By: Joseph L. Hamilton
Represented By: Marjorie Ann Farris
Represented By: Beverly R. Storm
Represented By: Mark G. Arnzen
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Defendant: Chicago Title Insurance Company
Represented By: John D. Parker
Represented By: Ernest E. Vargo
Represented By: Michael E. Mumford
Represented By: Ted T. Martin
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Defendant: Standard Fire Insurance Company
Represented By: John R. Crockett, III
Represented By: H. Lawson Walker, II
Represented By: Cory J. Skolnick
Represented By: Christa J.F. Rounsavall
Represented By: Jason P. Renzelmann
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Defendant: Commissioner, Kentucky Department of Insurance
Represented By: Joe Ruel Cowles
Represented By: Christopher Lynn Barton
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Defendant: Hartford Underwriters Insurance Company
Represented By: William N. Withrow
Represented By: Andrew Jonathon Schaeffer
Represented By: Anne P. Caiola
Represented By: Lynette Eaddy Smith
Represented By: William T. Robinson, III
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Defendant: Westfield National Insurance Company
Represented By: John J. Haggerty
Represented By: Thomas McIntosh
Represented By: John M. Alten
Represented By: James L. Salmon
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Defendant: State Farm Mutual Automobile Insurance Company
Represented By: Elizabeth A. McNellie
Represented By: Joseph E. Ezzie
Represented By: Robert J. Tucker
Represented By: Mark A. Johnson
Represented By: Gerald F. Dusing
Represented By: Brian J. Laliberte
Represented By: Rand L. McClellan
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Defendant: Cincinnati Insurance Company
Represented By: Patricia A. Foster
Represented By: Jack B. Harrison
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Defendant: Ohio Casualty Insurance Company
Represented By: Jessie M. Gabriel
Represented By: Robert M. Kincaid, Jr.
Represented By: Rodger L. Eckelberry
Represented By: Ted T. Martin
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Defendant: State Farm Fire and Casualty Company
Represented By: Elizabeth A. McNellie
Represented By: Joseph E. Ezzie
Represented By: Brian J. Laliberte
Represented By: Robert J. Tucker
Represented By: Mark A. Johnson
Represented By: Gerald F. Dusing
Represented By: Rand L. McClellan
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Defendant: Capitol Indemnity Corporation
Represented By: D. Craig Dance
Represented By: Harry D. Rankin
Represented By: James G. Lemaster
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Defendant: Nationwide Mutual Insurance Company
Represented By: James P. Schuck
Represented By: H. Lawson Walker, II
Represented By: Bridget A. Purdue
Represented By: Drew H. Campbell
Represented By: Natalie Christine Trishman
Represented By: Maureen P. Taylor
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