Nichols et al v. Progressive Direct Insurance Company et al
| 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 and Dixie Dew Products, Inc. |
| Progressive Direct Insurance Company, Acuity, A Mutual Insurance Company, Foremost Insurance Company, Shelter Mutual Insurance Company, Alfa Vision Insurance, Safe Auto Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company and Indiana Insurance Company |
| Nationwide Mutual Insurance Company |
| James K. Jarboe, Emma Snowsill, Janet Rabinowich and Jonathan Lee Riches |
| 2:2006cv00146 |
| July 18, 2006 |
| US District Court for the Eastern District of Kentucky |
| Covington Office |
| David L Bunning |
| J Gregory Wehrman |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| Both |
Docket Report
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| Filing 340 USCA MANDATE as to #337 Sixth Circuit Court of Appeals Order, issues today (Attachments: #1 Cover Letter)(LST) |
| Filing 339 FRCP 7.1 DISCLOSURE STATEMENT by Dixie Dew Products, Inc.. (Reed, Jason) |
| Filing 338 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Jason Reed. #20 NOTICE OF APPEARANCE, has been filed by Dixie Dew Products without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (LST) |
| Filing 336 INFORMATION COPY OF ORDER/JUDGMENT of USCA as to #337 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 link and text on 9/17/2012 (LST). |
| Filing 335 NOTICE by Kentucky Farm Bureau Mutual Insurance Company to Clerk Not to Destroy Exhibits and to Maintain Them Pending Resolution of the Case (Attachments: #1 Exhibit A - Notices of Exhibit Destruction)(Hamilton, Joseph) |
| Filing 334 NOTICE OF EXHIBIT DESTRUCTION to Marjorie Ann Farris and Joseph L. Hamilton as to L. Craig Kendrick, et al, James D. Nichols, et al v. Standard Fire Ins. Co. and Progressive Direct, et al (LST) |
| Filing 333 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) |
| Filing 332 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) |
| Filing 331 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) |
| Filing 330 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) |
| Filing 329 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) |
| Filing 328 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) |
| Filing 327 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) |
| Filing 326 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) |
| Filing 325 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) |
| Filing 324 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) |
Filing 323
ORDER of USCA as to Notice of Appeal; 1)Appellant's motion to voluntarily dismiss the appeal is Granted and the appeal is dismissed (Attachments: #1 Cover Letter)(LST)
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Filing 322
AMENDED FINAL ORDER AND DECREE GRANTING APPROVAL OF STIPULATION OF SETTLEMENT AND DIRECTING ENTRY OF JUDGMENT (SEE ORDER FOR DETAILS). Signed by Judge David L. Bunning on 02/24/2011.(LST)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #321 Notice of Expiration of 90-Day Class Action Fairness Act Notice Requirement (LST) |
| Filing 321 NOTICE by Progressive Direct Insurance Company EXPIRATION OF 90-DAY CLASS ACTION FAIRNESS ACT NOTICE REQUIREMENT (Attachments: #1 Exhibit A - CAFA Letter to Atty General, #2 Proposed Order)(Lockaby, Matthew) |
| Filing 320 NOTICE OF APPEARANCE of Matthew T. Lockaby by Progressive Direct Insurance Company. (Lockaby, Matthew) |
| Filing 337 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) |
| Clerk's Note: SEE #337 for Copy of Sixth Circuit Court of Appeals Order re: Petitoin for Appeal (LST) |
| ***FILE SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #319 Proposed Agreed Addendum to Stipulation of Settlement (LST) |
| Filing 319 Proposed Agreed Order/Stipulation Agreed Addendum to Stipulation of Settlement by Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Dixie Dew Products, Incorporated, Amy Hahn, Mark Hahn, Laura Kiffmeyer, Michael Kiffmeyer, Robert Nesbitt, Anna M. Nichols, James D. Nichols, Delbert Kenneth Perry, Mary Beth Perry, Progressive Direct Insurance Company. (Miller, Donald) |
| Filing 318 MINUTE ENTRY ORDER FOR CONFIRMATION HEARING held on 11/18/2010 before Judge David L. Bunning; 1)For reasons stated on the record, the Court finds the Settlements are fair, reasonable and adequate. Accordingly, the #316 MOTION for Final Approval of the Class Action Settlement is GRANTED; 2)Parties to file a Modified Addendum to the Settlement Agreement w/in 10 days, Clerk is to submit the file to the presiding Judge once the Modified Addendum is filed; 3)The 3 individuals who sought exclusion from the Class Action Settlement (Amber Crick, Frank Magyar and Jeremy Creekmur) are excluded; 4)In order to comply with CAFA, the Court will withhold entering a separate final approval order until the parties file a Notice requesting same. Parties to submit an Amended Proposed final Approval Order at the same time the Notice is filed. Upon the filing of the Notice, the Clerk shall submit the Notice and Amended Proposed Final Approval Order to the presiding judge for review. (Court Reporter LISA WIESMAN.) Signed by David L. Bunning. (LST)cc: COR |
| Filing 317 NOTICE OF FILING by James D. Nichols, Progressive Direct Insurance Company (Attachments: #1 Exhibit Exhibit A - Amber Crick Requests for Exclusion, #2 Exhibit Exhibit B - Frank Magyar Request for Exclusion, #3 Exhibit Exhibit C - Jeremy Creekmur Request for Exclusion)(Miller, Donald) |
| Filing 316 MOTION for Order by James K. Jarboe Granting Final Approval of Class Action Settlement Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support, #2 Affidavit Jason Reed, #3 Affidavit Gary Mason, #4 Certification of John Whitfield, #5 Affidavit Christopher Nordloh, #6 Affidavit Christine Finnerty, #7 Affidavit Richard Bithell, #8 Proposed Order)(Reed, Jason) |
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Filing 315
ORDER of USCA as to #312 Notice of Appeal filed by Jonathan Lee Riches; 1)Cause is dismissed for want of prosecution (Attachments: #1 Cover Letter)(LST)
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| NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re #314 RESPONSE BRIEF, #313 Order; Error: wrong file date entered; Entry by Clerk; Correction: file date changed from 10/1/2010 to 9/30/2010; no steps need be taken by counsel cc: COR (LST) |
| Filing 314 SUPPLEMENTAL ARGUMENT IN OPOSITION TO #214 PLAINTIFF'S MOTION FOR CLASS CERTIFICATION filed by Cincinnati Insurance Company, Indiana Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Progressive Direct Insurance Company. Filed purusant to #313 Order (LST) Modified to change date on 10/1/2010 (LST). |
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Filing 313
OPINION & ORDER; 1)Def's #295 Motion for Leave to File Supplemental Argument is granted as unopposed; 2)Pla's #214 Motion to Certify Class is granted. A class in each of the severed actions, defined as proposed by Plaintiff's in their motion, shall be certified, with respect to the Pla's claims of Illegal Dealing in Premiums, Conversion, Negligent Servicing, and Declaration of Rights; 3)Court 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 Fire 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. Clerk 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. Clerk to file in each action a copy of the most recent Amended complaint from the initiating litigation, and a copy of the named insured Defendant's answer. W/in 30 days from the date of this Order, Plas to pay the required filing fee; 4)This action shall reamin 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 09/30/2010. (LST)cc: COR Modified to change date on 10/1/2010 (LST).
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| Filing 312 NOTICE OF APPEAL as to #250 Order on Motion to Intervene by Jonathan Lee Riches. (No Filing Fee Received) cc: COR, 6CCA (Attachments: #1 Envelope)(LST) |
| Filing 311 Letter from Delores Welch filed pursuant to Order #310 of 8/13/2010. (ECO), COR |
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Filing 310
ORDER: 1) Court is in receipt of a letter received 8/12/2010, from Delores Welch, IT IS ORDERED THAT Ms. Welch's letter be filed of record in the above named cases and that it be forwarded to all attorneys of record for further determination of Ms. Welch's status. Signed by Judge David L. Bunning on 8/13/2010.(ECO)cc: COR
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Filing 309
ORDER; 1)Time period contained in paragraph 4 of the #305 Order Granting Motion for Preliminary Approval of Class Action Settlement entered by the Court on 4/15/2010 is enlarged 60 days and all steps dependent on the action contemplated by paragragph 4 of that order shall be similarly enlarged; 2)The Final Approval Hearing set for 9/2/2010 at 10:00 AM is Continued to 11/18/2010 at 10:00AM in COVINGTON before Judge David L. Bunning. Signed by Judge David L. Bunning on 06/02/2010.(LST)cc: COR
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| Filing 308 TRANSCRIPT of Proceedings: PRELIMINARY APPROVAL HEARING held on April 13, 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 6/25/2010. Redacted Transcript Deadline set for 7/6/2010. Release of Transcript Restriction set for 9/2/2010. (LST) |
| Filing 307 STIPULATION Enlarging Time for Completion of Settlement Process by James K. Jarboe, Progressive Direct Insurance Company. (Miller, Donald) |
| ***FILE SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #307 Stipulation Enlarging Time for Completion of Settlement Process (LST) |
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Filing 306
ORDER; 1)Patricia A. Foster and the law firm of Frost Brown Todd, LLC are withdrawn as counsel to Cincinnati Insurance Company in this case; 2)Cincinnati Insurance Company will continue to be represented in this matter by Jack Harrison. Signed by Magistrate Judge J. Gregory Wehrman on 04/15/2010. (LST)cc: COR
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Filing 305
ORDER GRANTING #301 MOTION For Preliminary Approval of Class Action Settlement; (SEE ORDER FOR DETAILS); 12)A FINAL APPROVAL HEARING is set for 9/2/2010 at 10:00 AM in COVINGTON before Judge David L. Bunning. Signed by Judge David L. Bunning on 4/13/2010.(ECO)cc: COR
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| Filing 304 MOTION to Withdraw as Attorney by Cincinnati Insurance Company of Patricia A. Foster Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Foster, Patricia) |
| Filing 303 MINUTE ENTRY ORDER FOR PRELIMINARY APPROVAL HEARING held on 04/13/2010 before Judge David L. Bunning; 1) #301 Motion for Preliminary Approval of Settlement Agreement and Certification of Settlement class, Appointment of Settlement Counsel and Settlement class Representatives, Approval of Class Notice, and Schedule of Fairness hearing is GRANTED; 2)A FINAL APPROVAL HEARING is set for 9/2/2010 10:00 AM in COVINGTON before Judge David L. Bunning. (Court Reporter LISA WIESMAN.) (LST)cc: COR |
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Filing 302
ORDER re #301 MOTION for Settlement by James K. Jarboe Preliminary Approval of Settlement filed by James K. Jarboe, ( PRELIMNARY SETTLEMENT APPROVAL HEARING set for 4/13/2010 at 11:00 AM in COVINGTON before Judge David L. Bunning.). Signed by Judge David L. Bunning on 3/19/2010.(LMB)cc: COR
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| Filing 301 MOTION for Settlement by James K. Jarboe Preliminary Approval of Settlement Motions referred to J. Gregory Wehrman. (Attachments: #1 Exhibit Settlement Agreement, #2 Exhibit 1 to Settlement Agreement, #3 Exhibit 2 to Settlement Agreement, #4 Memorandum in Support of Preliminary Approval of Settlement, #5 Proposed Order for Preliminary Approval of Settlement)(Mason, Gary) |
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Filing 300
ORDER STAYING PENDING APPROVAL OF CLASS SETTLEMENT; 1)Parties #298 Motion to Stay all pending motions related to Progressive Direct Insurance Company in anticipation of preliminay settlement approval is GRANTED. Signed by Magistrate Judge J. Gregory Wehrman on 12/15/2009. (LST)cc: COR
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| Filing 299 NOTICE OF FILING by Progressive Direct Insurance Company, James K. Jarboe re #298 MOTION to Stay Pending Approval of Class Settlement (Attachments: #1 Proposed Order Staying Pending Approval of Class Settlement)(Miller, Donald) |
| NOTICE OF DOCKET MODIFICATION AND NOTICE OF DEFICIENCY TO Donald Miller re #297 Notice of Joint Settlement Agreement and #298 MOTION to Stay; Error 1: re: #297 the incorrect event "Settlement Agreement" was selected. Clerk modified the text of #297 to state Joint Notice of Settlement Agreement; No further steps required by counsel; Error 2: re: #298 the incorrect event "Settlement Agreement" was selected. Entry by Attorney; Clerk re-defined the pleading as Motion to Stay Pending Approval of Class Settlement; No further steps required by counsel; Error 3: re: #298 ; attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by Attorney; within 7 calendar 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 (ECO) |
| Filing 298 JOINT MOTION FOR STAY PENDING APPROVAL OF CLASS SETTLEMENT by Progressive Direct Insurance Company, James K. Jarboe. (Miller, Donald) Modified text to correctly describe and re-define as a Motion. Filed pursuant to QC D.E. #297 on 12/9/2009 (ECO). (Additional attachment(s) added on 12/10/2009: #1 Proposed Order) (LST). |
| Filing 297 JOINT NOTICE OF SETTLEMENT AGREEMENT and Request for Stay Pending Approval of Class Settlement by Progressive Direct Insurance Company, James K. Jarboe. (Miller, Donald) Modified to correctly describe document on 12/9/2009 (ECO). |
| ***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE WEHRMAN for review: re #295 MOTION for Leave by Progressive Direct Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company, Indiana Insurance Company to File Instanter Limited Supplemental Argument in Opposition to Plaintiffs' Motio (TED) |
| Filing 296 RESPONSE to #295 Defendants' Supplemental Argument in Opposition to Plaintiffs' Motion for Class Certification filed by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning. (Mason, Gary) |
| Attorney Update. Attorney Robert M. Kincaid, Jr for Indiana Insurance Company, Jessie M. Gabriel for Indiana Insurance Company added. (ECO) |
| Filing 295 MOTION for Leave by Progressive Direct Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company, Indiana Insurance Company to File Instanter Limited Supplemental Argument in Opposition to Plaintiffs' Motion For Class Certification Based Upon Intervening Authority Motions referred to J. Gregory Wehrman. (Attachments: #1 Exhibit A - Defendants' Supplemental Argument in Opposition to Plaintiffs' Motion For Class Certification, #2 Proposed Order)(Eckelberry, Rodger) |
| Filing 294 NOTICE by Indiana Insurance Company of Filing Supplemental Authority (Attachments: #1 Exhibit A - Randleman v. Fidelity Decertification Order)(Eckelberry, Rodger) |
| Filing 293 NOTICE by Kentucky Farm Bureau Mutual Insurance Company re #289 Notice, Response to Notice of Supplemental Authority (Hamilton, Joseph) |
| Filing 292 RESPONSE to #289 Plaintiffs' Notice of Supplemental Authority filed by Progressive Direct Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company, Indiana Insurance Company. (Eckelberry, Rodger) |
| Filing 291 NOTICE by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning re #290 Notice Corrected Notice of Change of Firm Name and Address (Mason, Gary) |
| Filing 290 NOTICE by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning of Change of Firm Name and Address (Mason, Gary) |
| Filing 289 NOTICE by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning re #214 MOTION to Certify Class by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe of Supplemental Authority in Support of Motion for Class Certification (Attachments: #1 Exhibit A Georgia Energy)(Mason, Gary) |
| Filing 288 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) |
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Filing 287
ORDER GRANTING FINAL APPROVAL OF SETTLEMENT; AND JUDGMENT, FINAL ORDER AND DECREE: Now, Therefore, on the basis of the foregoing findings of fact and conclusions of law, It Is Hereby Ordered, Adjudged and Decreed as follows: 1. The Motion for Final Approval of the Proposed Settlement is GRANTED. 2. Settlement Class Representative Robert Nesbitt is entitled to and is hereby awarded an additional payment of $5,000.00 over and above his claim for damages, in recognition of the efforts he has undertaken and the risk he has incurred in connection with this Litigation. 3. Settlement Class Counsel's application for attorneys' fees and expenses is granted, and the sum of $62,964.16 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 Foremost Insurance Company Grand Rapids, Michigan 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. 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 Judge David L. Bunning on 5/1/2009.(JMM)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #285 Notice of Filing Revised Proposed Order Granting Final Approval (JMM) |
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Filing 286
ORDER: IT IS ORDERED that Plaintiff's Motion for Final Approval of Stipulation of Settlement, Certification of Settlement Class, and for Approval of Attorney's Fees and Settlement Class Representative Incentive Award #284 is hereby granted. Counsel to submit a revised proposed final order by the close of business on Thursday, April 30, 2009. Signed by Judge David L. Bunning on 4/28/2009. (JMM)cc: COR
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| Filing 285 NOTICE OF FILING by Robert Nesbitt re #284 MOTION for Order by Robert Nesbitt Granting Final Approval to Class Action Settlement of Revised Proposed Order Granting Final Approval (Reed, Jason) |
| Filing 284 MOTION for Order by Robert Nesbitt Granting Final Approval to Class Action Settlement Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit A - Requests for Exclusion, #3 Exhibit Exibit B - Telephone Calls Received, #4 Affidavit Declaration of Jeffrey L. Pepper (Foremost), #5 Affidavit Declaration of Gary E. Mason, Esq., #6 Affidavit Declaration of John Whitfield, Esq., #7 Affidavit Declaration of Chris Nordloh, Esq., #8 Affidavit Certification of Edmondson & Associates, #9 Proposed Order)(Reed, Jason) |
| Filing 283 OBJECTIONS to #275 Proposed Order Denying Motion For Class Certification filed by Matthew T. Sanning. (Whitfield, John) |
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Filing 282
ORDER: The Court haviing reviewed the record and being in all material respects fully advised, it is hereby ORDERED and ADJUDGED, Granting #281 Motion for Extension of Time and that said Motion and Memorandum shall be filed on or before Thursday, April 23, 2009. Signed by Judge David L. Bunning on 4/20/2009. (JMM)cc: COR
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| Filing 281 CONSENT MOTION for Extension of Time to File by Robert Nesbitt Plaintiff's Motion and Memorandum for Final Approval Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Reed, Jason) |
| ***FILE SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: #281 CONSENT MOTION for Extension of Time to File by Robert Nesbitt Plaintiff's Motion and Memorandum for Final Approval (JMM) |
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Filing 280
ORDER: IT IS HEREBY ORDERED AND ADJUDGED AS FOLLOWS: 1. That attorneys John F. Carroll, Jr. and Maureen P. Taylor and the law firm of Gwin Steinmetz Miller & Baird PLLC (now Gwin Steinmetz & Baird PLLC) are withdrawn from this case; and 2. That Defendants Indiana Insurance Company and Progressive Direct Insurance Company will continue to be represented by Donald L. Miller, II. Signed by Magistrate Judge J. Gregory Wehrman on 4/16/2009. (JMM)cc: COR
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| NOTICE OF DEFICIENCY TO John Carroll re #279 MOTION to Withdraw as Attorney by Progressive Direct Insurance Company, Indiana Insurance Company; Signature on document and filer do not match; Entry by attorney; the name of the Filing User under whose login and password the document is submitted must be typed in the space where the signature would otherwise appear. No further action required by counsel. cc: COR (JMM) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: #278 MOTION to Withdraw as Attorney by Progressive Direct Insurance Company, Indiana Insurance Company, for attorney Maureen Taylor #279 MOTION to Withdraw as Attorney by Progressive Direct Insurance Company, Indiana Insurance Company for attorney John Carroll (JMM) |
| Filing 279 MOTION to Withdraw as Attorney by Progressive Direct Insurance Company, Indiana Insurance Company Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Carroll, John) |
| Filing 278 MOTION to Withdraw as Attorney by Progressive Direct Insurance Company, Indiana Insurance Company Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Taylor, Maureen) |
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Filing 277
ORDER: Accordingly, for the reasons stated herein, IT IS ORDERED that: (1) Defendants' Joint Motions in Limine to Exclude Plaintiffs' Expert Witness #327 and 359 in 06-141, and #201 in 06-146 be, and they hereby are, denied; and, (2) Defendant Nationwide's Motion to Strike 358 in 06-141 be, and it hereby is, denied. Signed by Judge David L. Bunning on 3/31/2009. (JMM)cc: COR
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Filing 276
MEMORANDUM ORDER: IT IS ORDERED that Defendant Progressive's Motion for Summary Judgment on its Counterclaim #197 be, and it hereby is, denied. Signed by Judge David L. Bunning on 3/31/2009.(JMM)cc: COR
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| Motions No Longer Referred: #201 MOTION in Limine by Kentucky Farm Bureau Mutual Insurance Company, Indiana Insurance Company to Exclude Plaintiffs' Proposed Expert Witness (LST) |
| Filing 275 NOTICE OF FILING by Kentucky Farm Bureau Mutual Insurance Company of Proposed Findings of Fact and Conclusions of Law Denying Plaintiffs' Motion for Class Certification Against Kentucky Farm Bureau (Attachments: #1 Proposed Order Including Findings of Fact and Conclusions of Law)(Hamilton, Joseph) |
| Filing 274 TRANSCRIPT of Proceedings: Oral Argument held on March 20, 2009 before Judge David L. Bunning. Court Reporter: Lisa Wiesman, Telephone number (859) 291-4410. Transcript ordered by: Paul Karksgodt counsel in Cov Civil 06-141 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) |
| Filing 273 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 counsel for Cov Civil 06-141. 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) |
| Filing 272 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 |
| Filing 271 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). |
| Filing 270 NOTICE by Kentucky Farm Bureau Mutual Insurance Company, Indiana Insurance Company re #214 MOTION to Certify Class by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe 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) |
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Filing 269
ORDER: IT IS ORDERED that Defendants' Motion JOINT MOTION for Hearing on Plaintiffs' Motion for Class Certification #256 is hereby denied. However, an oral argument is hereby set in this case for Friday, March 20, 2009, at 11:00 a.m. during which any Defendant desiring to present a separate argument will be permitted to do so. Signed by Judge David L. Bunning on 3/11/2009.(JMM)cc: COR
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| Attorney Update. Attorney Mark A. MacDonald terminated. (JMM) |
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Filing 268
ORDER GRANTING FINAL APPROVAL OF SETTLEMENT; AND JUDGMENT, FINAL ORDER AND DECREE: 1. The Motion for Final Approval of the Proposed Settlement is GRANTED. 2. Settlement Class Representative Dixie Dew Products, Inc. is entitled to and is hereby awarded an additional payment of $5,000.00 over and above its claim for damages, in recognition of the efforts undertaken and the risk incurred in connection with this Litigation. 3. The Class Counsel's application for attorneys' fees and expenses is GRANTED, and Class Counsel shall be and the same hereby are awarded the colletive sum of $217,684.50. 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 1/20/2009.(JMM)cc: COR
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Filing 267
ORDER: On October 30, 2008, a fairness hearing was held in this action with respect to the proposed class settlement reached between Plaintiff Dixie Dew Products, Inc. and Defendant Acuity, A Mutual Insurance Company, It Is Ordered that the Motion for Final Approval of Settlement Agreement with Acuity, a Mutual Inisurance Company #253 is hereby removed from abeyance. It Is Further Ordered that said Motion for Final Approval of Settlement Agreement with Acuity, a Mutual Insurance Company #253 is hereby granted, and a separate Order Granting Final Approval of Settlement and Judgment, Final Order and Decree is entered contemporaneously herewith. Signed by David L. Bunning on 1/20/2009. (JMM)cc: COR
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Filing 266
ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT: A Fairness Hearing shall be conducted on April 28, 2009 at 1:00 p.m. The Fairness Hearing shall take place at 35 West Fifth Street, Covington, KY, in Courtroom 4B. At the Fairness Hearing, the Court will consider and determine (a) the merits of any Objections submitted by Members of the Settlement Class; (b) whether the terms of the Stipulation should be finally approved by the Court as fair. (c) whether the Settlement Class should be finally certified for purposes of settlement only; (d) whether any application by Plaintiff's Counsel for an award of reasonable attorney fees and reimbursement of their reasonable costs and expenses should be granted and (e) any other matter related to the Settlement Agreement - See Order for details. Signed by David L. Bunning on 1/5/2009.(JMM)cc: COR
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| Filing 265 NOTICE OF FILING by Brenda Adamkiewicz, Greg Adamkiewicz (Attachments: #1 Supplement Clarification of Class Settlement Papers)(Nordloh, Christopher) |
| Filing 263 MINUTE ENTRY ORDER FOR A FINAL APPROVAL HEARING held on 12/19/2008 before Judge David L. Bunning: 1) The Order Granting Final Approval of Settlement and Judgment, Final Order and Decree is approved and the Clerk is directed to file same. 2) The plaintiff shall submit a Notice to the Court submitting the name of the individual who is excluded from the settlement within ten (10) days. (Court Reporter JOAN AVERDICK.) (JMM)cc: COR |
| Filing 262 MINUTE ENTRY ORDER FOR PRELIMINARY APPROVAL HEARING held on 12/19/2008 before Judge David L. Bunning: 1) The motion for order granting preliminary approval of class action settlement #257 is granted. 2) The plaintiff shall file a proposed Order Granting Final Approval of Settlement and Judgment, Final Order and Decree within seven (7) days. 3) The final approval hearing is scheduled for April 28, 2009 at 1:00 P.M. at Covington before Judge David L. Bunning. (Court Reporter JOAN AVERDICK.) (JMM)cc: COR |
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Filing 264
ORDER GRANTING FINAL APPROVAL OF SETTLEMENT; AND JUDGMENT, FINAL ORDER AND DECREE: Now, therefore, on the basis of the foregoing findings of fact and conclusions of law, It Is Hereby Ordered, Adjudged and Decreed as follows: 1. The Motion for Final Approval of the Proposed Settlement is GRANTED. 2. Settlement Class Representatives are entitled to and are hereby awarded an additional payment of $1,500.00 each over and above their claim for damages, in recognition of the efforts undertaken and the risk incurred in connection with this Litigation. 3. The Class Counsel's application for attorneys' fees and expenses is GRANTED, and Class counsel shall be and the same hereby are awarded the collective sum of $55,481.02. 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 prosecutiing any Released Claims against Settling Defendant. Signed by David L. Bunning on 12/19/2008.(JMM)cc: COR
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| Filing 261 NOTICE OF FILING by Robert Nesbitt re #257 MOTION for Order by Robert Nesbitt Granting Preliminary Approval of Class Action Settlement of Revised Proposed Order Granting Preliminary Approval (Reed, Jason) |
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Filing 260
ORDER re #257 CONSENT MOTION to certify Class for Settlement shall be heard on 12/19/2008 10:30 AM in Covington before David L. Bunning. Signed by David L. Bunning on 12/8/2008.(LMB)cc: COR
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| Filing 259 RESPONSE to Motion re #256 JOINT MOTION for Hearing re #214 MOTION to Certify Class by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe by Progressive Direct Insurance Company, Kentucky Farm Bureau Mutual Insurance CJOINT MOTION for Hearing re #214 MOTION to Certify Class by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe by Progressive Direct Insurance Company, Kentucky Farm Bureau Mutual Insurance C filed by Robert Nesbitt, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe. (Attachments: #1 Exhibit E-Mail Exchange Between Counsel)(Reed, Jason) |
| Filing 258 MOTION for Order by Brenda Adamkiewicz, Greg Adamkiewicz to Certify Settlement Class, inter alia Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support, #2 Exhibit Decl of Ray Aaronian, US Bank Settlement Adm. Vol.I, #3 Exhibit Decl. Ray Aaronian, US Bank Settlement Adm., V.II, #4 Affidavit Nordloh Verification in Support of Fees, #5 Affidavit Mason Verification In Support of Fees, #6 Affidavit Edmondson & Assoc. Verification In Support of Fees, #7 Affidavit Whitfield Verification In Support of Fees, #8 Proposed Order)(Nordloh, Christopher) |
| Filing 257 MOTION for Order by Robert Nesbitt Granting Preliminary Approval of Class Action Settlement Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit 1 - Stipulation of Settlement and Related Exhibits, #3 Proposed Order Granting Preliminary Approval and Other Relief)(Reed, Jason) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #256 JOINT MOTION for Hearing re #214 MOTION to Certify Class by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe by Progressive Direct Insurance Company, Kentucky Farm Bureau Mutual Insurance CJOINT MOTION for Hearing re #214 MOTION to Certify Class by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe by Progressive Direct Insurance Company, Kentucky Farm Bureau Mutual Insurance C (JMM) |
| Filing 256 JOINT MOTION for Hearing re #214 MOTION to Certify Class by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe by Progressive Direct Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company, Indiana Insurance Company Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Eckelberry, Rodger) |
| Clerk's Note: On 9/26/2008 the clerk docketed an order in this case in error and deleted it w/o sending proper notice to counsel. This entry would have been docket entry #251 but was deleted. No action required by counsel. (LMB) Modified on 11/14/2008 to reflect correct docket entry number(LMB). |
| Filing 255 MINUTE ENTRY ORDER FOR FAIRNESS HEARING held on 10/30/2008 before Judge David L. Bunning: It Is Ordered that, the Court being satisfied with its fairness review of the Settlement Agreement with Acuity in this matter, but the parties having requested a delay in final approval of the Settlement Agreement until statutory notices under CAFA are satisfied, the motion is held in abeyance until January 16, 2009, or until the parties to the Settlement Agreement notify the Court in writing that the motion may be fully approved. (Court Reporter LISA WIESMAN.) (JMM)cc: COR |
| Filing 254 Mail Returned as Undeliverable. Mail sent to Janet Rabinowich re #250 Order (TED) |
| Filing 253 CONSENT MOTION for Order by Dixie Dew Products, Incorporated (Attachments: #1 Memorandum in Support, #2 Affidavit Paul Miller Affidavit (Administrator of Class Settlment), #3 Exhibit Declaration of Gary Mason, #4 Exhibit Declaration of John Whitfield, #5 Exhibit Declaration of Christopher S. Nordloh, #6 Exhibit Declaration of Edmondson & Associate, Jason V. Reed, #7 Proposed Order Granting Final Approval, #8 Appendix Settlement Fund Breakdown)(Nordloh, Christopher) Modified text on 10/16/2008 to remove text stating motion referred to JGW; per JGW chambers motion to submitted to DLB (LMB). |
| Terminate Transcript Deadlines re #207 (SKV) |
| Filing 252 NOTICE OF FILING by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe (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) |
| Filing 251 TRANSCRIPT of Proceedings: Motion Hearing held on August 4, 2008 at 10:39 a.m. before Judge David L. Bunning. Court Reporter: JOAN AVERDICK, Telephone number 859-291-9666. Transcript ordered by: Michael Kim. 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 10/23/2008. Redacted Transcript Deadline set for 11/3/2008. Release of Transcript Restriction set for 12/31/2008. (JMM) |
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Filing 250
MEMORANDUM ORDER: It Is Ordered 1) The pending motions to intervene/motions to amend complaint and/or motion for reconsideration of would-be plaintiff Riches, as joined by any and all purported co-plaintiffs 372 in 06-141 and #242 in 06-146 are denied 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) The Clerk of Court shall electronically serve a copy of this order upon evey 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. (JMM)cc: COR w/copy to All District Judges and Magistrate Judges for the Eastern District of Kentucky - regenerated and sent electronically per Order
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| ***MOTION SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: #242 MOTION to Amend/Correct by Emma Snowsill, Janet Rabinowich, Jonathan Lee Riches MOTION to Intervene by Emma Snowsill, Janet Rabinowich, Jonathan Lee Riches MOTION for Reconsideration by Emma Snowsill, Janet Rabinowich, Jonathan Lee Riches (JMM) |
| Filing 249 Mail Returned as Undeliverable. Mail sent to Janet Rabinowich re #243 Order, Scheduling Order (JMM) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #214 MOTION to Certify Class by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe (JMM) |
| NOTICE OF DOCKET MODIFICATION TO CHRISTOPHER NORDLOH re #247 REPLY BRIEF: Error: Attorney failed to create a link to the related document. Entry by attorney; 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 (MRS) |
| Filing 248 REPLY to #214 Plaintiffs' Motion for Class Certification filed by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe. (Attachments: #1 Exhibit 1 Knoblock Depo, #2 Exhibit 2 Enright Depo, #3 Exhibit 3 Whitehead Depo, #4 Exhibit 4 Finnerty Depo, #5 Exhibit 5 Progressive Direct Discovery, #6 Exhibit 6 Welsh Depo, #7 Exhibit 7 Koch Depo, #8 Exhibit 8 Jarboe Depo, #9 Exhibit 9 Kiffmeyer Depo, #10 Exhibit 10 Perry Depo, #11 Exhibit 11 Sanning Depo)(Mason, Gary) |
| Filing 247 REPLY BRIEF to #244 and #214 filed by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe. (Attachments: #1 Exhibit Franklin County Litigation Defendants, #2 Exhibit Franklin County Waiver of potential conflict)(Nordloh, Christopher) Modified to link to Motion #214 to certify class on 9/15/2008 (MRS). |
| Filing 246 RESPONSE to Motion re #242 MOTION to Amend/Correct by Emma Snowsill, Janet Rabinowich, Jonathan Lee Riches MOTION to Intervene by Emma Snowsill, Janet Rabinowich, Jonathan Lee Riches MOTION for Reconsideration by Emma Snowsill, Janet Rabinowich, Jonathan Lee Riches filed by Kentucky Farm Bureau Mutual Insurance Company. (Attachments: #1 Exhibit 1 - Riches v. Hughes Memorandum Opinion and Order, #2 Exhibit 2 - Riches v. Vick, et al. Order, #3 Exhibit 3 - Riches v. Masters Golf Tournament, Augusta Natl Golf Club, and Goodyear Blimp Complaint, #4 Exhibit 4 - In re: Jonathan Lee Riches Order and Permanent Injunction, #5 Exhibit 5 - Meyers v. OTR Media, Inc. Order, #6 Proposed Order)(Hamilton, Joseph) |
| Filing 245 NOTICE OF FILING by Progressive Direct Insurance Company re #197 MOTION for Summary Judgment by Progressive Direct Insurance Company on its Counterclaim Against Plaintiff James K. Jarboe Supplemental Authority in Support (Attachments: #1 Exhibit Quintero Opinion)(Miller, Donald) |
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Filing 243
ORDER: Granting #237 JOINT MOTION for Leave to File, instanter, a joint supplemental brief in opposition to Plaintiffs' Motion for Class Certification on the issue of inadequacy of class counsel. The joint brief attached as Exhibit 1 to Defendants' Motion is deemed filed as of 8/18/2008. Any reply shall be filed on or before 9/12/08. Signed by Judge J. Gregory Wehrman on 8/28/2008.(JMM)cc: COR
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| Filing 242 PRO SE MOTION to Intervene by Emma Snowsill, Janet Rabinowich, Jonathan Lee Riches, MOTION to Amend Complaint by Emma Snowsill, Janet Rabinowich, Jonathan Lee Riches and MOTION for Reconsideration by Emma Snowsill, Janet Rabinowich, Jonathan Lee Riches. Motions referred to J. Gregory Wehrman. (Attachments: #1 Envelope)(JMM) |
| Filing 241 RESPONSE to Motion re #237 JOINT MOTION for Leave to File by Progressive Direct Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company, Indiana Insurance Company Instanter, A Supplemental Memorandum in Opposition to Plaintiffs' Moti filed by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe. (Nordloh, Christopher) |
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Filing 240
ORDER: It Is hereby ORDERED amd ADJUDGED that Plaintiffs' Motion for Enlargement of Time be GRANTED #236 , and that Plaintiffs' Reply Memoranda in Support of Motion for Class Certification shall be filed on or before September 12, 2008. It is further ORDERED and ADJUDGED that Plaintiffs' Motion to Exceed the Page Limits of L.R. 7.1 shall be GRANTED #236 . Signed by Judge J. Gregory Wehrman on 8/20/2008.(JMM)cc: COR
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Filing 238
ORDER: Granting #233 Joint Motion for Leave to File joint brief in opposition to Plaintiffs' Motion for Class Certification on the issue of class definition is hereby GRANTED. The joint brief attached as Exhibit 1 to Defendants' Motion is deemed filed as of 8/11/08. Signed by Judge J. Gregory Wehrman on 8/20/2008. (JMM)cc: COR
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| Filing 244 JOINT SUPPLEMENTAL BRIEF in Opposition re #214 MOTION to Certify Class by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe filed by Progressive Direct Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company and Indiana Insurance Company. FILED pursuant to QC re: #243 ." (JMM) |
| Filing 237 JOINT MOTION for Leave to File by Progressive Direct Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company, Indiana 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 Joint Supplement Memorandum in Opp to Plaintiffs' Motion For Class Certification on the Basis of Inadequacy of Class Counsel, #2 Proposed Order)(Eckelberry, Rodger) |
| Filing 236 MOTION for Extension of Time to File Response/Reply by Dixie Dew Products, Incorporated, Robert Nesbitt, Brenda Adamkiewicz, Greg Adamkiewicz, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe, MOTION for Leave to File Excess Pages by Dixie Dew Products, Incorporated, Robert Nesbitt, Brenda Adamkiewicz, Greg Adamkiewicz, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order)(Reed, Jason) |
| Filing 235 RESPONSE in Opposition re #214 MOTION to Certify Class by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe filed by Kentucky Farm Bureau Mutual Insurance Company. (Attachments: #1 Exhibit A - Affidavit of Jeffrey L. Koch, #2 Exhibit B - Deposition of Jeffrey L. Koch, #3 Exhibit C - Deposition of Dr. Craig Knoblock, #4 Proposed Order)(Hamilton, Joseph) |
| ***FILE SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #224 Proposed Agreed Order/Stipulation, (JMM) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #201 MOTION in Limine by Kentucky Farm Bureau Mutual Insurance Company, Indiana Insurance Company to Exclude Plaintiffs' Proposed Expert Witness (JMM) |
| Filing 239 JOINT BRIEF in Opposition re #214 MOTION to Certify Class by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe filed by Progressive Direct Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company and Indiana Insurance Company. (Attachments: #1 Appendix 1 - Expert Report of Prof. Martin Redish, #2 Appendix 2 - Expert Report of Robert Klonoff, #3 Appendix 3 - Expert Report of Prof. Linda Mullinex, #4 Appendix 3 - Supplemental Report of Prof. Linda Mullinex, #5 Appendix 4 - Expert Report of Dr. Craig Knoblock, #6 Appendix 5 - Affidavit of Jeffrey Koch, #7 Appendix 6 - Affidavit of Tony Dunn)(JMM)"FILED pursuant to QC re: #238 ." |
| Filing 234 RESPONSE in Opposition re #214 MOTION to Certify Class by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe filed by Cincinnati Insurance Company. (Attachments: #1 Exhibit A Tony Dunn Affidavit, #2 Exhibit B Proposed Order Denying Motion for Class Certification)(Harrison, Jack) |
| Filing 233 JOINT MOTION for Leave to File by Progressive Direct Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company, Indiana Insurance Company Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order Proposed Order, #2 Memorandum in Support Jt. Memo in Opposition to Plaintiffs' Motion for Class Certification on the Basis of Uncertifiable Class Definition, #3 Appendix 1 - Expert Report of Prof. Martin Redish, #4 Appendix 2 - Expert Report of Robert Klonoff, #5 Appendix 3 - Expert Report of Prof. Linda Mullinex, #6 Appendix 3 - Supplemental Report of Prof. Linda Mullinex, #7 Appendix 4 - Expert Report of Dr. Craig Knoblock, #8 Appendix 5 - Affidavit of Jeffrey Koch, #9 Appendix 6 - Affidavit fo Tony Dunn)(Eckelberry, Rodger) |
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Filing 232
ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT between Plaintiffs Brenda and Greg Adamkiewicz and Defendant Alfa Vision Insurance Corporation. A Final Approval hearing will be conducted on December 19, 2008 at 10:00 a.m. 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 attorneys' fees, costs and expenses. See Order for Details. Signed by David L. Bunning on 8/11/2008.(JMM)cc: COR
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| Filing 231 DEPOSITION TRANSCRIPT of Mark Welsh taken on May 16, 2008 by Cincinnati Insurance Company.(Harrison, Jack) |
| Filing 230 DEPOSITION TRANSCRIPT of Tony Dunn taken on May 16. 2008 by Cincinnati Insurance Company.(Harrison, Jack) |
| Filing 229 DEPOSITION TRANSCRIPT of Michael Kiffmeyer taken on September 28, 2007 by Cincinnati Insurance Company. (Attachments: #1 Kiffmeyer Depo Exhibit 1 - Notice To Take Videotaped Deposition, #2 Kiffmeyer Depo Exhibit 2 - Complaint, #3 Kiffmeyer Depo Exhibit 3 - Homeowner Application, #4 Kiffmeyer Depo Exhibit 4 - Kentucky Personal Auto Application, #5 Kiffmeyer Depo Exhibit 5 - Answers to Interrogatories, #6 Kiffmeyer Depo Exhibit 6 - Kiffmeyer Responses to CIC Interrogatories, #7 Kiffmeyer Depo Exhibit 7 - Verification, #8 Kiffmeyer Depo Exhibit 8 - Group 1 Software Information, #9 Kiffmeyer Depo Exhibit 9 - Insurance Premium Taxation & Municipal Tax Jurisdiction Assignment Dated 11/13/06, #10 Kiffmeyer Depo Exhibit 10 - Cincinnati Insurance Company Policy No. HR 8200100)(Harrison, Jack) |
| Filing 228 RESPONSE to #214 Objecting filed by Indiana Insurance Company. (Attachments: #1 Exhibit A- Wildasin Report, #2 Exhibit B - KOI Bulletins, #3 Exhibit C - Mullenix Article, #4 Proposed Order Denying Plaintiffs' Motion for Class Certification)(Miller, Donald) |
| Filing 227 RESPONSE to #214 Objecting filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit A - Wildasin Report, #2 Exhibit B - KOI Bulletins, #3 Exhibit C - Mullenix Article, #4 Proposed Order Denying Plaintiffs' Motion for Class Certification)(Miller, Donald) |
| Filing 226 NOTICE OF FILING by Progressive Direct Insurance Company Transcript of Deposition of Delbert Kenneth Perry (Attachments: #1 Exhibit 08/13/07 Deposition of Kenneth Perry)(Miller, Donald) |
| Filing 225 NOTICE OF FILING by Progressive Direct Insurance Company Transcript of Deposition of James Jarboe (Attachments: #1 Exhibit 01/30/08 Deposition of James Jarboe - Part 1, #2 Exhibit 01/30/08 Deposition of James Jarboe - Part 2)(Miller, Donald) |
| Filing 224 Proposed Agreed Order/Stipulation For a Brief Extension of Time for Kentucky Farm Bureau to File Individual Response to Plaintiffs' Motion for Class Certification Due to Family Emergency by Dixie Dew Products, Incorporated, Robert Nesbitt, Brenda Adamkiewicz, Greg Adamkiewicz, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, Kentucky Farm Bureau Mutual Insurance Company, James K. Jarboe. (Farris, Marjorie) |
| Filing 223 NOTICE OF FILING by Brenda Adamkiewicz, Greg Adamkiewicz (Attachments: #1 Proposed Order Granting Preliminary Approval of Class Action Settlement)(Nordloh, Christopher) |
| Filing 222 NOTICE OF MANDATORY ECF DIRECTED TO CRAIG A. COHEN, a non-registered attorney re #221 Order Granting Final Approval Of Settlement, #219 Order on Motion for Order and #220 Order on Motion for Final Order 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 (JMM) |
| Attorney Update. Attorney Deborah R. Lydon terminated. (JMM) |
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Filing 221
ORDER GRANTING FINAL APPROVAL OF SETTLEMENT; AND JUDGMENT, FINAL ORDER AND DECREE: 1. The Motion for Final Approval of the Proposed Settlement is GRANTED. 2. Settlement Class Representative Ruth Culyer is entitled to and is hereby awarded an additional payment of $1,500.00 over and above her claim for damages, in recognition of the efforts she has undertaken and the risk she incurred in connection with this Litigation. 3. The Class Counsel's application for attorneys' fees and expenses is GRANTED, and Class Counsel shall be and the same hereby are awarded the 25% of the Settlement Fund, in the collective sum of $235,299.66. 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 8/4/2008.(JMM)cc: COR
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Filing 220
MINUTE ENTRY ORDER FOR FAIRNESS HEARING held on 8/4/2008 before Judge David L. Bunning; It Is Ordered that Plaintiff's Motion for Order for Final Approval of Class Settlement with Shelter Mutual Insurance Company #218 is hereby granted. Final Order approving settlement agreement, certifying settlement class, and approving attorneys' fees and settlement class representative incentive award to be separately entered by the Court. Signed by Judge David L. Bunning on August 4, 2008. (Court Reporter JOAN AVERDICK.) (JMM)cc: COR
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Filing 219
MINUTE ENTRY ORDER FOR MOTION HEARING held on 8/4/2008 before Judge David L. Bunning; It Is Ordered: 1) Plaintiff's Motion for Preliminary Approval of Class Action Settlement between Brenda and Greg Adamkiewicz and Alpha Vision #212 is hereby granted. 2) A Fairness Hearing on this matter is hereby set for December 19, 2008, at 10:00 a.m. 3) Plaintiffs' counsel shall file a revised proposed Order Granting Motion for Preliminary Approval of Class Action Settlement not later than August 8, 2008. Signed by Judge David L. Bunning on August 4, 2008. (Court Reporter JOAN AVERDICK.) (JMM)cc: COR
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| Filing 218 MOTION for Order by Ruth Culyer for Final Approval of Class Settlement Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support, #2 Affidavit of David A. VanDyke, #3 Affidavit of Stephen Daniel Clapp, #4 Affidavit of Gary E. Mason, #5 Affidavit of Edmondson & Associates, #6 Affidavit of Christopher Nordloh, #7 Affidavit of John Whitfield, #8 Proposed Order)(Reed, Jason) |
| Filing 217 RESPONSE in Support re #201 MOTION in Limine by Kentucky Farm Bureau Mutual Insurance Company, Indiana Insurance Company to Exclude Plaintiffs' Proposed Expert Witness filed by Progressive Direct Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Indiana Insurance Company. (Attachments: #1 Exhibit March 17, 2008 Letter to Reed from McNellie, #2 Exhibit March 28, 2008 Emails, #3 Exhibit Federal Express Receipt, #4 Exhibit March 31, 2008 Email from Nordloh to Taylor, #5 Exhibit Letters from Hamilton to Reed)(Eckelberry, Rodger) |
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Filing 216
ORDER: Granting #215 Plaintiff's Motion for Extension of Time to File Motion for Final Approval of Settlement Agreement. Motion is due by 7/23/2008. Signed by David L. Bunning on 7/22/2008. (JMM)cc: COR
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| Filing 215 JOINT MOTION for Extension of Time to File by Ruth Culyer Regarding Motion for Final Apprvoal of Class Settlement Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order Granting Extension of Time)(Reed, Jason) |
| Filing 214 MOTION to Certify Class by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe (Attachments: #1 Memorandum in Support, #2 Exhibit Declaration of Paul Manning 4/15/2008, #3 Exhibit Declaration of Paul Manning, #4 Exhibit Market Conduct Examination 9/27/2008, #5 Exhibit Market Conduct Examination 9/12/2003, #6 Exhibit The Mason Law Firm Resume, #7 Exhibit Edmondson & Associates Firm Resume, #8 Exhibit Nordloh Law Firm Resume, #9 Exhibit Knoblock Deposition 6/6/2008, #10 Proposed Order)(Reed, Jason) |
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Filing 213
ORDER: Motion Hearing set for 8/4/2008 11:00 AM in Covington before Judge David L. Bunning re #212 MOTION for Order by Brenda Adamkiewicz, Greg Adamkiewicz filed by Brenda Adamkiewicz, Greg Adamkiewicz. Signed by David L. Bunning on 7/10/08.(TED)cc: COR
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| Filing 212 MOTION for Order by Brenda Adamkiewicz, Greg Adamkiewicz Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support, #2 Exhibit Settlement Agreement, #3 Proposed Order Granting Preliminary Approval of Settlement)(Nordloh, Christopher) |
| Filing 211 RESPONSE in Opposition re #201 MOTION in Limine by Kentucky Farm Bureau Mutual Insurance Company, Indiana Insurance Company to Exclude Plaintiffs' Proposed Expert Witness filed by Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Laura Kiffmeyer, Matthew T. Sanning, James K. Jarboe. (Attachments: #1 Exhibit Declaration of Paul Manning, Info Tech, Inc., #2 Exhibit Deposition Transcript, Paul Manning, #3 Exhibit Correspondence from Ind. Ins. counsel, #4 Exhibit Correspondence with State Farm counsel, #5 Exhibit Deposition Transcript of Craig Knoblock)(Nordloh, Christopher) |
| Filing 210 DEPOSITION TRANSCRIPT of Progressive Direct, Christy Finnerty taken on May 22, 2008 by James K. Jarboe.(Nordloh, Christopher) |
| Filing 209 DEPOSITION TRANSCRIPT of Indiana Insurance, Lynn Whitehead taken on May 20, 2008 by Delbert Kenneth Perry, Mary Beth Perry.(Nordloh, Christopher) |
| Filing 208 DEPOSITION TRANSCRIPT of Indiana Insurance, Cindy Shepherd taken on May 20, 2008 by Delbert Kenneth Perry, Mary Beth Perry.(Nordloh, Christopher) |
| Filing 207 TRANSCRIPT of Proceedings: Status Conference held on 5/29/08 before Judge David L. Bunning. Court Reporter: Lisa Reed Wiesman, Telephone number 859-291-4410. Transcript ordered by: Alex Edmonson. 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 7/21/2008. Redacted Transcript Deadline set for 7/31/2008. Release of Transcript Restriction set for 9/29/2008. (LMB) |
| NOTICE OF DOCKET MODIFICATION TO Donald Miller re #206 REPLY; 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) |
| Filing 206 REPLY to #203 #197 in Support of Progressive Direct's Motion for Summary Judgment on its Counterclaim Against Plaintiff James J. Jarboe filed by Progressive Direct Insurance Company. (Miller, Donald) Modified on 6/26/2008 (to create link to Motion for Summary Judgment)(Maxie, Joyce). |
| Filing 205 NOTICE OF FILING by Kentucky Farm Bureau Mutual Insurance Company, Indiana Insurance Company re #202 MEMORANDUM IN SUPPORT, #201 MOTION in Limine by Kentucky Farm Bureau Mutual Insurance Company, Indiana Insurance Company to Exclude Plaintiffs' Proposed Expert Witness (Attachments: #1 Exhibit A - Proposed Order)(Eckelberry, Rodger) |
| Filing 204 NOTICE OF MANDATORY ECF DIRECTED TO CRAIG A. COHEN, a non-registered attorney re #200 Order on Motion for Order, Telephone Conference, 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 (JMM) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #197 MOTION for Summary Judgment by Progressive Direct Insurance Company on its Counterclaim Against Plaintiff James K. Jarboe (JMM) |
| NOTICE OF DEFICIENCY TO Rodger Eckelberry re #201 MOTION in Limine by Kentucky Farm Bureau Mutual Insurance Company, Indiana Insurance Company to Exclude Plaintiffs' Proposed Expert Witness; 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 (JMM) |
| Filing 203 RESPONSE in Opposition re #197 MOTION for Summary Judgment by Progressive Direct Insurance Company on its Counterclaim Against Plaintiff James K. Jarboe filed by James K. Jarboe. (Attachments: #1 Exhibit Underwriting File of Jarboe, #2 Exhibit Affidavit of Cynthia Fults, #3 Affidavit Fed. Civ. R.56 (f) Affidavit of counsel)(Nordloh, Christopher) |
| Filing 202 MEMORANDUM IN SUPPORT of #201 Motion in Limine to Exclude Plaintiffs' Proposed Expert Witness filed by Kentucky Farm Bureau Mutual Insurance Company, Indiana Insurance Company. (Attachments: #1 Exhibit A - Declaration of Paul J. Manning)(Eckelberry, Rodger) |
| Filing 201 MOTION in Limine by Kentucky Farm Bureau Mutual Insurance Company, Indiana 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) (JMM). Modified on 6/25/2008 (to attach Proposed Order)(JMM). |
| Filing 200 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 6/20/2008 before Judge J. Gregory Wehrman: (1) Deft Progressive Direct Ins Co's motion for declaration of compliance is granted in part and denyed in part #195 as explained herein; (2) plffs request to reopen discovery to continue the Rule 30 (b)(6) deposition is DENIED (3) In lieu of further deposition, deft Progressive shall respond to the four questions referenced by plffs counsel during oral argument, the same questions identified as Questions 2 - 5 in deft Progressive's reply memo filed this day; (4) Progressive shall serve its response to these four construed interrogatories on or before by 7/1/2008. (Court Reporter none.) (LMB)cc: COR |
| Filing 199 REPLY to #198 in Support of Motion for Declaration of Compliance with Rule 30(b)(6) filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit A - June 16, 2008 correspondence, #2 Exhibit B - Correspondence preceding 6/16/08)(Miller, Donald) |
| Filing 198 RESPONSE in Opposition re #195 MOTION for Order by Progressive Direct Insurance Company for Declaration of Compliance with Rule 30(b)(6) MOTION for Order by Progressive Direct Insurance Company for Declaration of Compliance with Rule 30(b)(6) MOTION for Order by Progressive Direct Insurance Company for Declaration of Compliance with Rule 30(b)(6) filed by James K. Jarboe. (Nordloh, Christopher) |
| Filing 197 MOTION for Summary Judgment by Progressive Direct Insurance Company on its Counterclaim Against Plaintiff James K. Jarboe (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Miller, Donald) |
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Filing 196
ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT: The proposed class action Settlement Agreement ("Settlement Agreement") is preliminarily approved as fair, adequate and reasonable. (See Order for Details) A Final Approval Hearing is set for 10/30/2008 11:00 AM in Courtroom 4A in Covington before Judge David L. Bunning. Signed by David L. Bunning on 6/5/2008.(JMM)cc: COR
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| Filing 195 MOTION for Order by Progressive Direct Insurance Company for Declaration of Compliance with Rule 30(b)(6) Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support Memorandum of Law Supporting Motion for Declaration of Compliance with Rule 30(B)(6), #2 Exhibit A - Notice to take 30(b)(6) deposition, #3 Exhibit B - Depo transcript of 30(b)(6) rep, #4 Exhibit C - 5/23/08 correspondence, #5 Exhibit D - 5/27/08 correspondence, #6 Proposed Order)(Miller, Donald) |
| Filing 194 AMENDED NOTICE to Take Deposition of Craig A. Knoblock on June 6, 2008, 10:00 a.m. Pacific Time by 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, James K. Jarboe.(Nordloh, Christopher) |
| Filing 193 NOTICE to Take Deposition of Craig A. Knoblock on June 6, 2008, 1:00 p.m. Pacific Time by 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, James K. Jarboe.(Nordloh, Christopher) |
| Filing 192 MINUTE ENTRY FOR STATUS CONFERENCE held on 5/29/2008 before Judge David L. Bunning; 1) Defendant's Motion for Preliminary Approval of Class Action Settlement #184 is hereby granted. 2) A Final Fairness Hearing as to this matter is hereby set for October 30, 2008 at 11:00 a.m.; 3) Counsel for plaintiff shall submit an Amended Proposed Order to the Court for signature within seven days. (Court Reporter LISA WIESMAN.) (JMM)cc: COR |
| Filing 191 NOTICE OF FILING by Nationwide Mutual Insurance Company Expert Witness Disclosure Compliance (Campbell, Drew) |
| Filing 190 NOTICE by Progressive Direct Insurance Company re #168 Memorandum Opinion & Order, Terminate Motions, Scheduling Order,,,,,,,,,,,,,,,,,, Pre-Certification Expert Witness Compliance per Court's Order of 2/25/08 (Attachments: #1 Exhibit A - Klonoff report and resume)(Miller, Donald) |
| Filing 189 NOTICE by Indiana Insurance Company re #168 Memorandum Opinion & Order, Terminate Motions, Scheduling Order,,,,,,,,,,,,,,,,,, Pre-Certification Expert Witness Compliance per Court's 2/25/08 Order (Attachments: #1 Exhibit A - Klonoff report and resume)(Miller, Donald) |
| Filing 188 NOTICE OF APPEARANCE as Additional Counsel for West American Insurance Company by Indiana Insurance Company. (Miller, Donald) |
| Filing 187 AMENDED NOTICE to Take Deposition of Progressive Direct Insurance Co. on May 22, 2008, at 9:30 a.m. by James K. Jarboe.(Nordloh, Christopher) |
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Filing 186
ORDER Setting Hearing on #184 MOTION for Order for Preliminary Approval of Settlement Agreement by Dixie Dew Products, Incorporated : Motion Hearing is set for 5/29/2008 10:30 AM in Covington before Judge David L. Bunning. Signed by David L. Bunning on 5/9/2008.(JMM)cc: COR
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| Filing 185 NOTICE to Take Deposition of Progressive Direct on May 22, 2008, at 9:30 a.m. by James K. Jarboe.(Nordloh, Christopher) |
| Filing 184 MOTION for Order for Approval of Class Action Settlement by Dixie Dew Products, Incorporated Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support of Motion for Order Granting Preliminary Approval of Class Action Settlement, #2 Stipulation of Settlement with Exhibits A-1, A-2, A-3, A-4, #3 Proposed Order)(Nordloh, Christopher) Modified on 4/30/2008 (to better describe Main Document)(JMM). |
| Filing 183 ANSWER to #182 Amended Answer to Complaint, Counterclaim by James K. Jarboe.(Nordloh, Christopher) |
| Filing 182 AMENDED ANSWER and COUNTERCLAIM to #146 Intervenor Complaint, COUNTERCLAIM against James K. Jarboe by Progressive Direct Insurance Company. Filed Pursuant to #181 Order (LSG) |
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Filing 181
ORDER; 1)Progressive Direct Insurance's #174 Motion to Amend Answer and Counterclaim is Granted; 2)Amended Answer and Counterclaim tendered is deemed Filed as of the date of this Order; 3)Amendment shall be w/out prejudice to pla's right to file a dispositive motion concerning waiver and/or other defenses to the asserted counterclaim. Signed by Judge J. Gregory Wehrman on 4/17/2008. (LSG)cc: COR
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| Filing 180 NOTICE OF FILING by 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, James K. Jarboe Expert Witness Compliance (Nordloh, Christopher) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: #174 MOTION for Leave by Progressive Direct Insurance Company to File Amended Answer and Counterclaim (JMM) |
| Filing 179 REPLY to Response to Motion re #174 MOTION for Leave by Progressive Direct Insurance Company to File Amended Answer and Counterclaim filed by Progressive Direct Insurance Company. (Miller, Donald) |
| Filing 178 RESPONSE in Opposition re #174 MOTION for Leave by Progressive Direct Insurance Company to File Amended Answer and Counterclaim filed by James K. Jarboe. (Nordloh, Christopher) |
| Filing 177 MEMORANDUM ORDER: It Is Ordered that the MOTION for Summary Judgment of Defendant Kentucky Farm Bureau Mutual Insurance Company #115 is hereby denied. Signed by David L. Bunning on 3/31/2008.(JMM)cc: COR |
| Filing 176 MEMORANDUM ORDER: It Is Ordered that the Motion for Summary Judgment of Defendant Indiana Insurance Company #118 is hereby denied. Signed by David L. Bunning on 3/31/2008.(JMM)cc: COR |
| Filing 175 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 3/27/2008. before Judge J. Gregory Wehrman: Conference call on discovery dispute; Chris Nordloh and Alex Edmondson for plaintiffs, Maureen Taylor and Don Miller for defendants Indiana Insurance and Progressive Direct. 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.) (JMM)cc: COR |
| Filing 174 MOTION for Leave by Progressive Direct Insurance Company to File Amended Answer and Counterclaim Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support of Motion to File Amended Answer and File Counterclaim, #2 Proposed Order Allowing Amended Answer and Counterclaim, #3 Proposed Amended Answer and Counterclaim, #4 Exhibit A to Proposed Amended Answer and Counterclaim)(Miller, Donald) |
| ***FILE SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: #173 Proposed Agreed Order/Stipulation, (JMM) |
| Filing 173 Proposed Agreed Order/Stipulation Regarding Discovery by 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, Foremost Insurance Company, James K. Jarboe. (Farris, Marjorie) |
| ***FILE SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: #172 Proposed Agreed Order/Stipulation (JMM) |
| Filing 172 Proposed Agreed Order/Stipulation by Kentucky Farm Bureau Mutual Insurance Company. (Hamilton, Joseph) |
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Filing 171
ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT by Judge David L. Bunning on 3/4/2008 - see Order for details. A Final Approval Hearing will be conducted on August 4, 2008 at 10:00 a.m. in Courtroom 4B of this Court, located at 35 West Fifth Street, Covington, KY 41011. 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 attorneys' fees, costs and expenses.(JMM)cc: COR
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Filing 170
ORDER: Plaintiffs shall expedite any response to defendant Chicago Title's motion for reconsideration by filing their response on or before Thursday, March 6, 2008, with any reply memorandum to be filed on or before Monday, March 10, 2008. If plaintiffs do not oppose the relief requested, plaintiffs shall notify the court immediately. Signed by Judge J. Gregory Wehrman on 2/29/2008.(JMM)cc: COR
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| Filing 169 MINUTE ENTRY ORDER FOR MOTION HEARING held on 2/28/2008 before Judge David L. Bunning; 1) Defendant, Shelter Mutual Insurance Company's Motion for Preliminary Approval of Class Action Settlement #165 is hereby granted. 2) Counsel for plaintiff shall submit to the Court a Proposed Order within seven (7) days. 3) A Fairness hearing is set in this matter for Monday, August 4, 2008 at 10:00 a.m. in Covington, Kentucky before Judge David L. Bunning. (Court Reporter LISA WIESMAN.) (JMM)cc: COR |
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Filing 168
MEMORANDUM ORDER: IT IS ORDERED: 1) Dft's motion strike #258 in 06-141 is DENIED; 2) Kentucky Farm Bureau's Motions #160 , #167 in 06-146 are denied; 3) Plfs' motion to compel #234 in Civil Actin No. 06-141 is granted in part and denied in part. Dfts shall supplement their responses to Interrotatory 4 w/i 20 days of this Order as set out in paragraph 3; 4) Plfs' motion to revise the scheduling order #231 in Civil Action No. 06-141 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 5/5/07; 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. Any motion which contains even as partial relief a request for an extension of a deadline contained herein will be deemed a motion under LR 7.1(b)(any opposing memorandum due within five days). Signed by Judge J. Gregory Wehrman on 2/25/2008.(JMM)cc: COR
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| Filing 167 MOTION for Leave to file Supplemental Memorandum in Opposition to Motion to Compel by Kentucky Farm Bureau Mutual Insurance Company Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order, #2 Supplemental Memorandum in Opposition to Plaintiffs' Motion to Compel, #3 Affidavit of Jeffrey L. Koch, #4 Proposed Order)(Hamilton, Joseph) Modified on 2/25/2008 (to better describe Main Document)(JMM). |
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Filing 166
ORDER Setting Hearing on Motion #165 MOTION for Order by Ruth Culyer of Preliminary Approval of Class Action Settlement Agreement : Motion Hearing is set for 2/28/2008 10:00 AM in Covington before Judge David L. Bunning. Signed by David L. Bunning on 2/20/2008.(JMM)cc: COR
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| Filing 165 MOTION for Order by Ruth Culyer of Preliminary Approval of Class Action Settlement Agreement Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support Memorandum in Support of Motion for Preliminary Approval and Associated Relief, #2 Exhibit Settlement Agreement and Related Exhibits, #3 Proposed Order Proposed Order of Preliminary Approval)(Reed, Jason) |
| Filing 164 REPLY to #160 in Further Support of Motion for Temporary Stay of Discovery or, Alternatively, for Briefing Schedule filed by Kentucky Farm Bureau Mutual Insurance Company. (Hamilton, Joseph) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: #160 MOTION to Stay by Kentucky Farm Bureau Mutual Insurance Company (JMM) |
| Filing 163 RESPONSE in Opposition re #160 MOTION to Stay by Kentucky Farm Bureau Mutual Insurance Company filed by Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Delbert Kenneth Perry, Mary Beth Perry, Michael Kiffmeyer, Matthew T. Sanning, James K. Jarboe. (Attachments: #1 Exhibit Exhibit A: Highlighted Page from Order)(Reed, Jason) |
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Filing 162
ORDER GRANTING FINAL APPROVAL OF SETTLEMENT; AND JUDGMENT, FINAL ORDER AND DECREE: 1) The Motion for Final Approval of the Proposed Settlement is GRANTED. 2) Settlement Class Representative Jamie Brown is entitled to and is hereby awarded an additional payment of $1,500.00 over and above her claim for damages, in recognition of the efforts she has undertaken and the risk she incurrent in connection with this Litigation. 3) The Class Counsel's application for attorneys' fees and expenses is GRANTED, and Class Counsel shall be and the same hereby are awarded the collective sum of $595,000.00. 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 2/1/2008.(JMM)cc: COR
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| Filing 161 TRANSCRIPT of Official Proceedings: Final Approval Hearing held on 1/29/2008 before Judge David L. Bunning. Court Reporter: Lisa Wiesman. (JMM) |
| Filing 160 MOTION to Stay Discovery by Kentucky Farm Bureau Mutual Insurance Company Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order for Temporary Stay of Discovery/Briefing Schedule)(Hamilton, Joseph) Modified on 2/1/2008 (to describe Main Document)(JMM). |
| Filing 159 NOTICE OF APPEARANCE by Kentucky Farm Bureau Mutual Insurance Company. (Hamilton, Joseph) |
| Filing 158 NOTICE OF FILING by Jamie Brown of Proposed Order GRANTING Motion for Final Approval and Request for Fees (Reed, Jason) |
| ***FILE SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #158 Notice of Filing (JMM) |
| Filing 157 MINUTE ENTRY ORDER FOR FINAL APPROVAL HEARING held on 1/29/2008 before Judge David L. Bunning; 1) The motion for order granting final approval of class litigation settlement #155 is GRANTED per findings made on the record; 2) Plaintiffs' counsel shall submit to the Court a proposed Final Approval Order within ten (10) days. (Court Reporter LISA WIESMAN.) (JMM)cc: COR |
| Filing 156 AMENDED NOTICE to Take Deposition of James K. Jarboe on 01/30/08 at 10:00 a.m. EST by Progressive Direct Insurance Company.(Miller, Donald) |
| Filing 155 MOTION for Order by Jamie Brown Granting Final Aproval of Class Litigation Settlement Motions referred to J. Gregory Wehrman. (Attachments: #1 Memorandum in Support Memorandum in Support of Motion for Final Approval, #2 Exhibit Impervious Paint Industries, Ltd. v. Ashland Oil, Inc., #3 Exhibit Manners v. American General Life Ins. Co., #4 Exhibit Sweet v. General Tire & Rubber, #5 Exhibit In re: Cardinal Health Securities Litigation, #6 Affidavit Affidavit of Michael Overmyer, Safe Auto Insurance Company, #7 Affidavit Affidavit of Kimberly Ness, Rust Consulting, Inc., #8 Affidavit Declaration of Professor William Rubenstein, #9 Affidavit Affidavit of The Mason Law Firm in Support of Request for Award of Fees, #10 Affidavit Affidavit of Daniel A. Small, Esq., #11 Affidavit Affidavit of Edmondson & Associates in Support of Request for Award of Fees, #12 Affidavit Affidavit of Nordloh Law Office, PLLC in Support of Request for Award of Fees, #13 Affidavit Affidavit of Paul J. Vesper, Esq., #14 Affidavit Affidavit of Whitfield & Cox, P.S.C. in Support of Request for Award of Fees, #15 Proposed Order Proposed Order GRANTING Final Approval of Class Litigation Settlement, and Judgment, Final Order and Decree)(Reed, Jason) |
| Filing 154 NOTICE to Take Deposition of James K. Jarboe on January 30, 2008 at 10:00 a.m. EST by Progressive Direct Insurance Company.(Miller, Donald) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #118 MOTION for Summary Judgment by Indiana Insurance Company, #115 MOTION for Summary Judgment by Kentucky Farm Bureau Mutual Insurance Company (JMM) |
| Filing 153 REPLY to #117 , #149 , #115 Response to Motion for Summary Judgment filed by Kentucky Farm Bureau Mutual Insurance Company. (Storm, Beverly) |
| Filing 152 REPLY to #150 and in Support of Indiana Insurance Company's Motion for Summary Judgment filed by Indiana Insurance Company. (Attachments: #1 Exhibit A - Refund check, #2 Exhibit B - Refund check)(Miller, Donald) |
| Filing 151 ANSWER to #146 Intervenor Complaint by Progressive Direct Insurance Company.(Miller, Donald) |
| Filing 150 RESPONSE in Opposition re #118 MOTION for Summary Judgment by Indiana Insurance Company filed by Delbert Kenneth Perry, Mary Beth Perry. (Attachments: #1 Exhibit Indiana Insurance Discovery Responses)(Nordloh, Christopher) |
| Filing 149 RESPONSE in Opposition re #115 MOTION for Summary Judgment by Kentucky Farm Bureau Mutual Insurance Company filed by Matthew T. Sanning. (Attachments: #1 Exhibit Exhibit A - KFB Letter and Summary of Stipulated Overcharges, #2 Exhibit Exhibit B - Kentucky DOI Tax Bulletin)(Reed, Jason) |
| Filing 148 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) |
| Filing 147 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) |
| Filing 146 Intervenor COMPLAINT, filed by James K. Jarboe. (Attachments: #1 Exhibit A - Auto Insurance Coverage Summary)(JMM) |
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Filing 145
ORDER: 4) The Motion for Summary Judgment of Defendant Progressive Direct Insurance Company #106 is hereby granted, and all claims against said Defendant by Plaintiffs James and Anna Nichols, in both their individual and representative capacities, are hereby dismissed with prejudice;; 5) the construed Motion for Joinder of Defendant Indiana Insurance Company in Defendant Progressive Direct Insurance Company's Opposition to Motion for Leave to File Intervening Complaint #140 is hereby granted; 6) the Motion of James K. Jarboe for Leave to File Intervening Complaint Against Progressive Direct Insurance Company #137 is hereby granted, and the tendered Intervening Complaint is hereby filed of recored; 7) the Joint Motion of Certain Defendants to Strike Class Allegations #114 is hereby denied; 8) Plaintiffs' Motion for Stay of Dispositive Motions and for Status Conference #120 is hereby denied as moot; and 9) Plaintiff's Responses to Motion for Summary Judgment of Defendant Kentucky Farm Bureau Mutual Insurance Company #115 and Motion for Summary Judgment of Defendant Indiana Insurance Company #118 shall be filed not later than 12/26/2007. Each Movant/Defendant shall file any Reply not later than 1/10/2008. Signed by David L. Bunning on 12/14/2007.(JMM)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #137 MOTION to Intervene by 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, J (JMM) |
| Filing 144 REPLY to Response to Motion re #137 MOTION to Intervene by 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, J filed by James K. Jarboe. (Nordloh, Christopher) |
| Filing 143 NOTICE OF APPEARANCE by Progressive Direct Insurance Company. (Miller, Donald) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #137 MOTION to Intervene by 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, J (JMM) |
| Filing 142 NOTICE OF FILING by Progressive Direct Insurance Company re #139 Response in Opposition to Motion, of Incorrect Document (Attachments: #1 Exhibit Corrected Response of Progressive Direct Insurance Company in Opposition to Motion of James K. Jarboe for Leave to File Intervening Complaint Against Progressive Direct Insurance Company)(Miller, Donald) |
| Filing 141 REPLY to Response to Motion re #137 MOTION to Intervene by 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, J filed by James K. Jarboe. (Nordloh, Christopher) |
| Filing 140 MOTION for Joinder by Indiana Insurance Company in Progressive Direct Insurance Company's Opposition to Motion of James K. Jarboe for Leave to File Intervening Complaint Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order Denying Motion to Intervene)(Miller, Donald) |
| Filing 139 RESPONSE in Opposition re #137 MOTION to Intervene by 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, J filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit 1 - email correspondence, #2 Exhibit 2 - 7/21/06 correspondence, #3 Exhibit 3 - 9/25/06 correspondence)(Miller, Donald) |
| Filing 138 RESPONSE to #137 Motion to Intervene filed by Kentucky Farm Bureau Mutual Insurance Company. (Storm, Beverly) |
| NOTICE OF DOCKET MODIFICATION TO CHRISTOPHER NORDLOH re #137 MOTION to Intervene by 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, J; Error: attorney failed to choose the correct filer; Entry by attorney; Correction: Clerk has added James K. Jarboe as Intervening Plaintiff as a filer to the document and deleted the incorrect filers. No further action required by counsel. cc: COR (JMM) |
| Filing 137 MOTION to Intervene by James K. Jarboe (Attachments: #1 Memorandum in Support #2 Exhibit Tendered Intervening Complaint of James Jarboe#3 Exhibit A to Intervening Complaint#4 Exhibit A to Memorandum in Support (Letter from Don Miller about discovery)#5 Proposed Order)(Nordloh, Christopher) Modified on 11/16/2007 (to add correct intervening plaintiff as filer and deleting incorrect filers)(Maxie, Joyce). |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #106 MOTION for Summary Judgment by Progressive Direct Insurance Company, #118 MOTION for Summary Judgment by Indiana Insurance Company, #115 MOTION for Summary Judgment by Kentucky Farm Bureau Mutual Insurance Company (JMM) |
| Filing 136 NOTICE to Take Deposition of Robert C. Carl, Jr. on November 20, 2007 at 11:00 a.m. EST by Acuity, A Mutual Insurance Company.(MacDonald, Mark) |
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Filing 135
ORDER: 1) The First Amendment to Settlement Agreement is hereby preliminarily approved as fair, adequate and reasonable; and, 2) to the extent that the original Settlement Agreement is made available to Settling Class Members via the settlement website or otherwise, the settling parties are hereby ordered to make the First Amendment to Settlement Agreement similarly available . Signed by Judge David L. Bunning. (JMM)cc: COR
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| Filing 134 NOTICE OF FILING by Jamie Brown, Safe Auto Insurance Company of First Amendment to Settlement Agreement (Attachments: #1 Exhibit First Amendment to Settlement Agreement)(Reed, Jason) |
| Filing 133 REPLY BRIEF to #132 , #120 Sur-Reply of Certain Defendants in Opposition to Plaintiffs' Motion to Stay filed by Progressive Direct Insurance Company, Foremost Insurance Company, Shelter Mutual Insurance Company, Alfa Vision Insurance, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company, Indiana Insurance Company. (Attachments: #1 Exhibit A - Letter from Elizabeth A. McNellie)(Comodeca, James) |
| Filing 132 REPLY to #121 , #122 Defendants' Response to Plaintiffs' Motion to Stay filed by Anna M. Nichols, 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, James D. Nichols. (Reed, Jason) |
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Filing 131
ORDER: Granting #126 MOTION for Preliminary Approval of Class Action Settlement; The proposed class action Settlement Agreement is preliminarily approved as far, adequate and reasonable. Settlement Class Members must submit a timely Claim Form and it must be postmarked not later than 12/15/07. Members of Settlement Class can assert objections and objections must be postmarked no later than 11/25/07. All Requests for Exclusion or Opt-Out Notices must be submitted no later than 11/26/07. On or before 1/15/08, Class Counsel and Counsel for Safe Auto shall file with this Court a list of persons who have timely opted out or objected to the Settlement. A Final Approval Hearing is set for 1/29/2008 10:00 AM in Covington before Judge David L. Bunning. 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 attorneys' fees, costs and expenses. Signed by Judge David L. Bunning. (JMM)cc: COR
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| Filing 130 MINUTE ENTRY FOR MOTION HEARING held on 10/4/2007 before Judge David L. Bunning: The Court shall enter a separate Order forthwith. (COURT REPORTER: LISA WIESMAN) (JMM)cc: COR |
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Filing 129
AGREED ORDER: Plaintiff's Reply in Support of Motion to Stay shall be filed on or before 10/5/2007. Signed by Judge David L. Bunning. (JMM)cc: COR
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Filing 128
ORDER granting #125 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
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Filing 127
ORDER Setting Hearing on Motion #126 MOTION for Order For Preliminary Approval of Settlement Agreement by Jamie Brown. Motion Hearing is set for 10/4/2007 02:00 PM in Covington before Judge David L. Bunning. Signed by Judge David L. Bunning. (JMM)cc: COR
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| NOTICE OF DOCKET MODIFICATION TO JASON REED re #124 Settlement Agreement; Error: Attorney incorrectly filed the Motion using the event "misc. for Settlement Agreement"; Entry by attorney; Correction: Clerk has modified the docket text of #124 to state this was incorrectly filed; clerk has filed the Motion with attachments as #126 ; 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 (JMM) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: #125 MOTION for Patricia A. Foster to Appear Pro Hac Vice by Cincinnati Insurance Company ( Filing fee $65; receipt number 1039366) (JMM) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #114 JOINT MOTION to Strike by Acuity, A Mutual Insurance Company, Foremost Insurance Company, Shelter Mutual Insurance Company, Alfa Vision Insurance, Safe Auto Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company, #120 MOTION to Stay re #114 JOINT MOTION to Strike by Acuity, A Mutual Insurance Company, Foremost Insurance Company, Shelter Mutual Insurance Company, Alfa Vision Insurance, Safe Auto Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cinc (JMM) |
| Filing 126 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 by Jamie Brown (Attachments: #1 Memorandum in Support #2 Exhibit 1 - Settlement Agreement and Related Exhibits #3 Proposed Order) "FILED pursuant to QC re: #124 ."(JMM) |
| Filing 125 MOTION for Patricia A. Foster to Appear Pro Hac Vice by Cincinnati Insurance Company ( Filing fee $65; receipt number 1039366) (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) |
| Filing 124 "INCORRECTLY FILED AS SETTLEMENT AGREEMENT" and Motion for Preliminary Approval, Together With Other Requested Relief by Jamie Brown. (Attachments: #1 Memorandum in Support Memorandum in Support of Motion for Preliminary Approval and Other Requested Relief#2 Exhibit Exhibit 1 - Settlement Agreement and Related Exhibits#3 Proposed Order Proposed Order Granting Preliminary Approval and Other Requested Relief)(Reed, Jason) Modified on 9/28/2007 "Please see docket entry #126 for the CORRECT ENTRY for this pleading".(Maxie, Joyce). |
| Filing 123 NOTICE to Take Deposition of Michael Kiffmeyer and Laura Kiffmeyer on September 28, 2007 beginning at 9:00 a.m. by Cincinnati Insurance Company.(Harrison, Jack) |
| Filing 122 RESPONSE to Motion re #120 MOTION to Stay re #114 JOINT MOTION to Strike by Acuity, A Mutual Insurance Company, Foremost Insurance Company, Shelter Mutual Insurance Company, Alfa Vision Insurance, Safe Auto Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cinc filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit A - electronic correspondence#2 Exhibit B - KOI Search#3 Exhibit C - McCullough Depo)(Miller, Donald) |
| Filing 121 RESPONSE to Motion re #120 MOTION to Stay re #114 JOINT MOTION to Strike by Acuity, A Mutual Insurance Company, Foremost Insurance Company, Shelter Mutual Insurance Company, Alfa Vision Insurance, Safe Auto Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cinc filed by Indiana Insurance Company. (Miller, Donald) |
| Filing 120 MOTION to Stay re #114 JOINT MOTION to Strike by Acuity, A Mutual Insurance Company, Foremost Insurance Company, Shelter Mutual Insurance Company, Alfa Vision Insurance, Safe Auto Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company, #118 MOTION for Summary Judgment by Indiana Insurance Company, #115 MOTION for Summary Judgment by Kentucky Farm Bureau Mutual Insurance Company by 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, James D. Nichols and Requesting Status Conference (Attachments: #1 Proposed Order Proposed Order Granting Stay)(Reed, Jason) |
| Filing 119 MEMORANDUM in Support of Motion re #118 MOTION for Summary Judgment by Indiana Insurance Company filed by Indiana Insurance Company. (Attachments: #1 Exhibit 1 - Special Warranty Deed#2 Exhibit 2 - Depo. of D. Perry)(Miller, Donald) |
| Filing 118 MOTION for Summary Judgment by Indiana Insurance Company (Attachments: #1 Proposed Order Summary Judgment)(Miller, Donald) |
| Filing 117 NOTICE OF FILING by Kentucky Farm Bureau Mutual Insurance Company (Attachments: #1 Memorandum in Support Amended Memorandum in Support of Motion for Summary Judgment#2 Exhibit A - Depo of Matthew Sanning#3 Exhibit B - Opinion - Slaymaker#4 Exhibit C - Pricing Sheet#5 Exhibit D - Florida Statute#6 Exhibit E - Opinion - Chilton#7 Exhibit F - Opinion - McNeil#8 Exhibit G - Opinion - Tropf#9 Exhibit H - Opinion - Renner#10 Exhibit I - Opinion - Hodges#11 Proposed Order)(Storm, Beverly) |
| Filing 116 NOTICE OF FILING by Kentucky Farm Bureau Mutual Insurance Company (Attachments: #1 Proposed Order for Motion for Summary Judgment)(Storm, Beverly) |
| Filing 115 MOTION for Summary Judgment by Kentucky Farm Bureau Mutual Insurance Company (Attachments: #1 Memorandum in Support of Motion for Summary Judgment#2 Exhibit A - Depo of Matthew Sanning#3 Exhibit B - Opinion Slaymaker#4 Exhibit C - Pricing Sheet#5 Exhibit D - Florida statute#6 Exhibit E - Opinion Chilton#7 Exhibit F - Opinion McNeil#8 Exhibit G - Opinion Tropf#9 Exhibit H - Opinion Renner#10 Exhibit I - Opinion Hodges)(Storm, Beverly) Additional attachment(s) added on 8/24/2007 (Maxie, Joyce). Modified on 8/24/2007 (to attach Proposed Order) (Maxie, Joyce). Additional attachment(s) added on 8/30/2007 (Maxie, Joyce). Modified on 8/30/2007 (to attach Amended Memorandum in Support of Motion)(Maxie, Joyce). |
| Filing 114 JOINT MOTION to Strike with attached Memorandum in Support by Acuity, A Mutual Insurance Company, Foremost Insurance Company, Shelter Mutual Insurance Company, Alfa Vision Insurance, Safe Auto Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company Joint Motion of Certain Defendants to Strike Class Allegations (Attachments: #1 Exhibit A - Plaintiffs' First Set of Discovery Requests#2 Exhibit B - Declaration of Rodger L. Eckelberry#3 Exhibit B (Tab 1) - 8-16-07 Letter from J. Reed#4 Exhibit B (Tab 2) - 8-16-07 E-mail from R. Eckelberry#5 Exhibit B (Tab 3) - 8-16-07 E-mail from J. Reed#6 Exhibit C - Declaration of Todd E. Taylor#7 Appendix 1 - Snow v. Atofina Chemicals, 2003 U.S. Dist. LEXIS 27295#8 Appendix 2 - Conigliaro v. Norwegian Cruise Line, 2006 AMC 2934#9 Proposed Order Striking Class Allegations)(Comodeca, James) Modified on 8/23/2007 (to indicate that Memorandum was included within the Main Document)(Maxie, Joyce). |
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Filing 113
AGREED ORDER: By agreement of the Plaintiffs and Defendant; Plaintiffs will have until 9/1/2007 to plead in response to Progressive's Motion For Summary Judgment. Signed by Judge J. Gregory Wehrman. (JMM)cc: COR
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| Filing 112 Proposed Agreed Order/Stipulation Extending Time to Plead in Response to MSJ by Anna M. Nichols, Progressive Direct Insurance Company, James D. Nichols. (Nordloh, Christopher) |
| ***FILE SUBMITTED TO CHAMBERS of Judge J. Gregory Wehrman for review: #112 Proposed Agreed Order/Stipulation (JMM) |
| ***Reopen Document #106 MOTION for Summary Judgment by Progressive Direct Insurance Company (JMM) |
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Filing 111
AGREED ORDER: By agreement of the plaintiffs, Mark and Amy Hahn, and the Defendant, Kentucky Farm Bureau Insurance Company, the Complaint of Mark and Amy Hahn is hereby dismissed with prejudice, each party to bear their own costs. Signed by Judge David L. Bunning. (JMM)cc: COR Modified on 8/10/2007 (to better describe Main Document)(Maxie, Joyce).
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Filing 110
ORDER granting #108 Motion to Appear Pro Hac Vice as to Matthew S. Arend. Signed by Judge J. Gregory Wehrman (LSG)cc: COR, w/copy of Mandatory ECF General Order & ECF Registration form to Matthew S. Arend Modified to change Judge on 8/1/2007 (Greiwe, Linda).
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| Filing 109 NOTICE OF FILING by Kentucky Farm Bureau Mutual Insurance Company (Attachments: #1 Proposed Order Agreed Order)(Storm, Beverly) |
| ***FILE SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #109 Notice of Filing (LSG) |
| Filing 108 MOTION for Matthew S. Arend to Appear Pro Hac Vice by Shelter Mutual Insurance Company, Alfa Vision Insurance ( Filing fee $65; receipt number 1005001) (Attachments: #1 Affidavit of Matthew S. Arend#2 Proposed Order Granting Motion for Admission Pro Hac Vice of Matthew S. Arend)(Comodeca, James) |
| ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge J. Gregory Wehrman for review: #108 MOTION for Matthew S. Arend to Appear Pro Hac Vice by Shelter Mutual Insurance Company, Alfa Vision Insurance ( Filing fee $65; receipt number 1005001) (LSG) |
| Filing 107 MEMORANDUM in Support of Motion re #106 MOTION for Summary Judgment by Progressive Direct Insurance Company filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit 1 - Depo of J. Nichols#2 Exhibit 2 - 7/21/06 correspondence#3 Exhibit 3 - 9/25/06 correspondence#4 Exhibit 4 - 9/27/07 correspondence#5 Exhibit 5 - 10/3/06 correspondence)(Miller, Donald) |
| Filing 106 MOTION for Summary Judgment by Progressive Direct Insurance Company (Attachments: #1 Proposed Order for Summary Judgment)(Miller, Donald) |
| Filing 105 AMENDED NOTICE to Take Deposition of Matthew Sanning on July 19, 2007 at 1:00 p.m. by Kentucky Farm Bureau Mutual Insurance Company.(Storm, Beverly) |
| Filing 104 NOTICE to Take Deposition of Matthew T. Sanning on July 19, 2007 at 1:00 p.m. by Kentucky Farm Bureau Mutual Insurance Company.(Storm, Beverly) |
| Filing 103 TRANSCRIPT of Official Proceedings: Rule 16 Conference held on May 3, 2007 before Judge David L. Bunning. Court Reporter: Lisa Wiesman. (JMM) |
| Cases associated: Create association to 2:06-cv-00141-DLB-JGW. (LST) |
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Filing 102
ORDER: The Court having reviewed the parties' proposals, It Is Ordered as Follows: A). CONSOLIDATION - 1) By agreement of the parties, and for purposes of efficiency and consistency these cases are hereby consolidated for purposes of pre-certification discovery; 2) All disovery-related filings shall be made under the earlier case number Cov. Civil Action No. 06-141; B). PRELIMINARY CASE SCHEDULE -1) Rule 26(a)(1) disclosures - the parties have agreed to defer exchanging initial disclosures until after class certification is determined; 2) Motions to join parties or amend pleadings are due on or before 5/14/07; 3) Pretrial pre-certification fact discovery is due on or before 11/19/07 - "See subparagraphs (a) - (i) for limitations applied to the phase of pretrial pre-certification discovery; 4) Rule 26(a)(2) reports from pre-certification expert witnesses - from Plaintiffs are due on or before 11/19/07, from Defendants are due on or before 1/31/08 - THESE REPORTS SHOULD NOT BE FILED IN THE COURT RECORD. 5) Pretrial pre-certification expert discovery is due on or before 2/29/08; 6) A further Status Conference is to be conducted on 12/12/2007 01:00 PM in Covington before Judge David L. Bunning, at which time the Court will review the case status, any potential for stipulations of fact re: class certification issues, parameters for briefing of class certification issues, and setting of oral argument or hearing thereon. 7) Class Certification Filings - Unless otherwise modified at the subsequent status conference or by a subsequent order, the anticipated filing deadlines are as follows: Plaintiff's Motion is due by 3/31/2008; Defendant's Response is due by 5/16/2008; Plaintiffs' Reply is due by 6/16/2008. C. This case is referred to Magistrate Judge J. Gregory Wehrman to supervise pre-certification discovery and pretrial proceedings. D. MISCELLANEOUS - 1) To the extent not otherwise addressed hereinabove, Plaintiffs' proposed "Case Management Order" is hereby rejected as premature. 2) Defendants' request/suggestion that Plaintiffs be ordered to provide a "Proposed Tral Management Plan" with their motion for class certification is also hereby rejected as premature. Signed by Judge David L. Bunning(JMM)cc: COR
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| Filing 101 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 |
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Filing 100
ORDER granting #97 Motion to Withdraw as Attorney. Attorney Peter Matthew Cummins is hereby withdrawn and counsel of record for Defendants Progressive Direct Insurance Company and Indiana Insurance Company. Signed by Judge David L. Bunning. (JMM)cc: COR
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Filing 99
ORDER granting #90 Motion to Withdraw as Attorney. Attorney Margaret M. Maggio is hereby withdrawn as counsel for defendants Alfa Vision Insurance Company and Shelter Mutual Insurance Company. James A. Comodeca will remain as counsel for both Alfa Vision Insurance Company and Shelter Mutual Insurance Company and Deborah R. Lydon will remain as counsel for Shelter Mutual Insurance Company. Signed by Judge David L. Bunning. (JMM)cc: COR
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| Filing 98 NOTICE OF APPEARANCEof John C. Whitfield, Esq., as Plaintiffs' Co-Counsel by 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, James D. Nichols.(Reed, Jason) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #97 MOTION to Withdraw as Attorney by Progressive Direct Insurance Company, Indiana Insurance Company (JMM) |
| Filing 97 MOTION to Withdraw as Attorney by Progressive Direct Insurance Company, Indiana Insurance Company (Attachments: #1 Proposed Order Removing Peter Cummins as counsel of record)(Miller, Donald) |
| Filing 96 NOTICE of Change of Address by Donald L. Miller, II (Miller, Donald) |
| Filing 95 NOTICE of Change of Address by Donald L. Miller, II (Miller, Donald) |
| ***FILE SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #93 Notice of Filing Proposed Case Management Schedule #94 Notice of Filing Proposed Case Management Schedule (LSG) |
| Filing 94 NOTICE OF FILING by 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, James D. Nichols Plaintiffs' Proposed Case Management Order and Proposed Scheduling Order (Attachments: #1 Proposed Order Plaintiffs' Proposed Case Management Order No. 1#2 Proposed Order Plaintiffs' Proposed Scheduling Order No. 1)(Reed, Jason) |
| Filing 93 NOTICE OF FILING by Progressive Direct Insurance Company, Acuity, A Mutual Insurance Company, Foremost Insurance Company, Shelter Mutual Insurance Company, Alfa Vision Insurance, Safe Auto Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company, Indiana Insurance Company re #84 Memorandum Opinion & Order, Terminate Motions, Set Deadlines/Hearings,,,,,, Defendants' Proposed Case Management Plan for Plaintiff Class Issues (Lydon, Deborah) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #90 MOTION to Withdraw as Attorney by Shelter Mutual Insurance Company, Alfa Vision Insurance (JMM) |
| Filing 92 NOTICE OF FILING by Shelter Mutual Insurance Company, Alfa Vision Insurance re #90 MOTION to Withdraw as Attorney by Shelter Mutual Insurance Company, Alfa Vision Insurance Notice of Filing of Proposed Order (Attachments: #1 Proposed Order Granting Motion to Withdraw as Counsel of Record)(Comodeca, James) |
| NOTICE OF DEFICIENCY TO James Comodeca re #90 MOTION to Withdraw as Attorney by Shelter Mutual Insurance Company, Alfa Vision Insurance; attorney has failed to submit a proposed order as an electronic attachment to the motion. Error made by the attorney; Attorney shall file the proposed order as an attachment to a Notice of Filing within 3 business days. cc: COR (JMM) |
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Filing 91
ORDER granting #89 Motion to Appear Pro Hac Vice for attorney Craig A. Cohen. Signed by Judge David L. Bunning. (JMM)cc: COR w/copy of Mandatory ECF General Order & ECF Registration form to Craig A. Cohen
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| Filing 90 MOTION to Withdraw as Attorney by Shelter Mutual Insurance Company, Alfa Vision Insurance Motion to Withdraw Margaret M. Maggio as Counsel of Record (Comodeca, James) Additional attachment(s) added on 4/20/2007 (Maxie, Joyce). Modified on 4/20/2007 (to attach Proposed Order)(Maxie, Joyce). |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #89 MOTION for Craig A. Cohen to Appear Pro Hac Vice by Safe Auto Insurance Company ( Filing fee $65; receipt number 944546) (JMM) |
| Filing 89 MOTION for Craig A. Cohen to Appear Pro Hac Vice by Safe Auto Insurance Company ( Filing fee $65; receipt number 944546) (Attachments: #1 Affidavit of Craig A. Cohen in Support of Motion for Admission Pro Hac Vice#2 Proposed Order Granting Motion for Counsel to Appear Pro Hac Vice)(Schoeni, K.) |
| Filing 88 NOTICE by 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, James D. Nichols Notice of Case Management Plan Conference (Nordloh, Christopher) |
| Filing 87 ANSWER to Second Amended Complaint by Cincinnati Insurance Company.(Harrison, Jack) Modified on 4/17/2007 (to add additional text)(Maxie, Joyce). |
| Filing 86 ANSWER to Second Amended Complaint by Foremost Insurance Company.(Farris, Marjorie) Modified on 4/17/2007 (to add additional text)(Maxie, Joyce). |
| Filing 85 ANSWER to Second Amended Complaint by Safe Auto Insurance Company.(Schoeni, K.) Modified on 4/17/2007 (to add additional text)(Maxie, Joyce). |
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Filing 84
MEMORANDUM ORDER: 1) Plaintiff's Motion to Remand [D.E. #28] is hereby denied; 2) Defendants' Motions to Dismiss [D. E. #31, #61, #64, #67, #69 and #71] are hereby denied; 3) Defendants' Motion to Sever [D.E. #37, #54, and #56] are hereby denied; 4) Plaintiff's Motion to Stay [D. E. #49] is hereby denied as moot; 5) This matter is hereby scheduled for a Status Call/Case Management Conference is set for 5/3/2007 01:00 PM in Covington before Judge David L. Bunning. 6) 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. (Attachments: #1 Memorandum Opinion & Order)(JMM)cc: COR
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| Conflict Check run. (JMM) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #64 MOTION to Dismiss by Kentucky Farm Bureau Mutual Insurance Company (JMM) |
| Filing 83 REPLY to Response to Motion re #64 MOTION to Dismiss by Kentucky Farm Bureau Mutual Insurance Company filed by Kentucky Farm Bureau Mutual Insurance Company. (Storm, Beverly) |
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Filing 82
ORDER granting #74 Motion for Leave to File Excess Pages . The Court Clerk is instructed to remove the word "proposed" from Docket Entry 75, and said previously tendered Response is hereby ordered filed of record nunc pro tunc to October 9, 2006. Signed by Judge David L. Bunning. (JMM)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #67 MOTION to Dismiss by Foremost Insurance Company, #69 MOTION to Dismiss by Shelter Mutual Insurance Company, #71 MOTION to Dismiss by Alfa Vision Insurance (LSG) |
| Filing 81 REPLY to Response to Motion re #67 MOTION to Dismiss by Foremost Insurance Company filed by Foremost Insurance Company. (Farris, Marjorie) |
| Filing 80 REPLY to Response to Motion re #71 MOTION to Dismiss by Alfa Vision Insurance filed by Alfa Vision Insurance. (Attachments: #1 Exhibit 1 - Armengau v. Cline, 7 Fed. Appx. 336)(Comodeca, James) |
| Filing 79 REPLY to Response to Motion re #69 MOTION to Dismiss by Shelter Mutual Insurance Company filed by Shelter Mutual Insurance Company. (Attachments: #1 Exhibit 1 - Armengau v. Cline, 7 Fed. Appx. 336)(Lydon, Deborah) |
| NOTICE OF DOCKET MODIFICATION TO Jason Reed re #75 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: The clerk has modified the text to state this is a "Proposed Response" and to create a link to #74 as it relates to the Motion for Leave to File Exces pages; In the future, attorney is advised to create a link to the correct event to which the document relates and to enter additional text into the optional text box to better describe pleading; No further action required by counsel. cc: COR (JMM) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #74 MOTION for Leave to File Excess Pages by 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, (JMM) |
| Filing 78 NOTICE OF FILING by 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, James D. Nichols re #75 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) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #61 MOTION to Dismiss by Cincinnati Insurance Company (LSG) |
| Filing 77 REPLY to Response to Motion re #61 MOTION to Dismiss by Cincinnati Insurance Company filed by Cincinnati Insurance Company. (Attachments: #1 Appendix #2 Exhibit A1 - Barnes v. First American Title (Pt. 1 of 2)#3 Exhibit A2 - Barnes v. First American Title (Pt. 2 of 2)#4 Exhibit B - Brown v. Booth#5 Exhibit C - Mitchell v. Chicago Title Insurance Co.#6 Exhibit D - Insurance Premium Tax Reconciliation Form#7 Exhibit E - Insurance Premium Tax Return Form#8 Exhibit F - Instructions for Filing Quarterly Insurance Premium Tax Return)(Harrison, Jack) |
| Filing 76 RESPONSE in Opposition re #67 MOTION to Dismiss by Foremost Insurance Company, #69 MOTION to Dismiss by Shelter Mutual Insurance Company, #71 MOTION to Dismiss by Alfa Vision Insurance filed by 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, James D. Nichols. (Reed, Jason) |
| Filing 75 RESPONSE in Opposition re #64 MOTION to Dismiss (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 Ins. Co.#20 Appendix Mitchell v. Chicago Title Ins. Co. (2004)#21 Appendix Mitchell v. Chicago Title Ins. 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) Additional attachment(s) added on 10/19/2006 (Maxie, Joyce). Modified on 10/19/2006 (to add additional appendix caselaw)(Maxie, Joyce). Modified on 10/20/2006 (include "PROPOSED" to Main Document, delete link to #64 and to add link to #74 ). (Maxie, Joyce). Modified on 11/6/2006 (to delete link to #74 and to create link to #64 and to take out the word "Proposed" per the Court's Order of 11/3/06) (Maxie, Joyce). |
| Filing 74 MOTION for Leave to File Excess Pages by 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, James D. Nichols (Attachments: #1 Proposed Order)(Reed, Jason) |
| NOTICE OF DOCKET MODIFICATION TO Jason Reed re #73 Response in Opposition to Motion; Error: Signature on document and filer do not match; Entry made by attorney; Correction: the name of the Filing User under whose login and password the document is submitted must be typed in the space where the signature would otherwise appear; No further action required by counsel. cc: COR (JMM) |
| Filing 73 RESPONSE in Opposition re #61 MOTION to Dismiss by Cincinnati Insurance Company filed by 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, James D. Nichols. (Attachments: #1 Exhibit Special Exam - Safe Auto: Part I#2 Exhibit Safe Auto SpExam: Part II#3 Exhibit Agreed Order: Safe Auto#4 Exhibit Market Conduct Exam: Ohio Casualty - Part I#5 Exhibit Market Conduct Exam: Ohio Casualty - Part II#6 Exhibit Market Conduct Exam: Ohio Casualty - Part III#7 Exhibit Market Conduct Exam: Ohio Casualty - Part IV#8 Exhibit Agreed Order: Ohio Casualty#9 Exhibit Market Conduct Exam: Hartford - Part I#10 Exhibit Market Conduct Exam - Hartford - Part II#11 Exhibit Market Conduct Exam - Hartford - Part III#12 Exhibit Market Conduct Exam - Hartford - Part IV#13 Exhibit Market Conduct Exam - Hartford - Part V#14 Exhibit Market Conduct Exam - Hartford - Part VI#15 Exhibit Agreed Order - Hartford#16 Affidavit Affidavit of Alexander F. Edmondson, Esq.#17 Appendix Barnes v. First American Title Insurance Company#18 Appendix Mitchell v. Chicago Title Insurance Company (2004)#19 Appendix Mitchell v. Chicago Title Insurance Company (2003)#20 Appendix In re Coordinated Title Insurance Cases)(Reed, Jason) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #56 MOTION for Joinder by Alfa Vision Insurance, #54 MOTION for Joinder by Shelter Mutual Insurance Company (JMM) |
| NOTICE OF DOCKET MODIFICATION TO Beverly Storm re #64 MOTION to Dismiss by Kentucky Farm Bureau Mutual Insurance Company; Error: attachments were insufficiently described as "Exhibit A", "Exhibit B", etc.; Entry made by attorney; Correction: the Clerk has renamed the attachments. It is necessary that all attachments are adequately described. ex: Exhibit A (incorrect: Exhibit A - Automobile Policy Declaration dtd 2/1/01 (correct); No further action required by attorney. cc: COR (JMM) |
| Filing 72 ANSWER to Amended Complaint (Second Amended Complaint) by Alfa Vision Insurance.(Comodeca, James) |
| Filing 71 MOTION to Dismiss by Alfa Vision Insurance (Attachments: #1 Memorandum in Support #2 Exhibit A - KOI Tax Bulletin 06-01#3 Exhibit B - KOI Advisory Opinion 05-05#4 Exhibit C - KOI Form LGT140#5 Exhibit D - KOI Form LGT141#6 Exhibit E - KOI Form LGT141 Instructions#7 Proposed Order Granting Motion to Dismiss)(Comodeca, James) |
| Filing 70 ANSWER to Amended Complaint (Second Amended Complaint) by Shelter Mutual Insurance Company.(Lydon, Deborah) |
| Filing 69 MOTION to Dismiss by Shelter Mutual Insurance Company (Attachments: #1 Memorandum in Support #2 Exhibit A - KOI Tax Bulletin 06-01#3 Exhibit B - KOI Advisory Opinion 05-05#4 Exhibit C - KOI Form LGT140#5 Exhibit D - KOI Form LGT141#6 Exhibit E - KOI Form LGT141 Instructions#7 Proposed Order Granting Motion to Dismiss)(Lydon, Deborah) |
| Filing 68 FRCP 7.1 DISCLOSURE STATEMENT by Foremost Insurance Company. (Hamilton, Joseph) |
| Filing 67 MOTION to Dismiss by Foremost Insurance Company (Attachments: #1 Memorandum in Support #2 Proposed Order)(Hamilton, Joseph) |
| Filing 66 ANSWER to Amended Complaint , ANSWER to Amended Complaint by Kentucky Farm Bureau Mutual Insurance Company.(Storm, Beverly) |
| Filing 65 FRCP 7.1 DISCLOSURE STATEMENT by Kentucky Farm Bureau Mutual Insurance Company. (Storm, Beverly) |
| Filing 64 MOTION to Dismiss by Kentucky Farm Bureau Mutual Insurance Company (Attachments: #1 Memorandum in Support #2 Affidavit Elisa Fulkerson#3 Exhibit A#4 Exhibit B#5 Exhibit C#6 Exhibit D#7 Exhibit E#8 Exhibit F#9 Exhibit G#10 Exhibit H#11 Exhibit I#12 Exhibit J#13 Exhibit K#14 Exhibit L#15 Exhibit M#16 Exhibit N#17 Exhibit O#18 Exhibit P#19 Exhibit Q#20 Exhibit R#21 Exhibit S#22 Exhibit T#23 Proposed Order)(Storm, Beverly) Modified on 9/25/2006 (to describe attachments)(Maxie, Joyce). |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #49 MOTION to Stay by 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, Matthe, #37 MOTION to Sever by Progressive Direct Insurance Company, Indiana Insurance Company (LSG) |
| Filing 63 REPLY to #37 , #48 in Support of Motion to Sever Claims filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit A - Asher v. 3M)(Cummins, Peter) |
| Filing 62 FRCP 7.1 DISCLOSURE STATEMENT by Cincinnati Insurance Company. (Harrison, Jack) |
| Filing 61 MOTION to Dismiss by Cincinnati Insurance Company (Attachments: #1 Proposed Order #2 Memorandum in Support #3 Appendix to Memorandum in Support#4 Exhibit A - KOI Advisory Opinion 2005-05#5 Exhibit B - House Bill 709#6 Exhibit Exh C-1 Barnes v. First American Title Insurance#7 Exhibit Exh C-2 Barnes v. First American Title Insurance#8 Exhibit D - Bradshaw v. Monumental Life Ins. Co.#9 Exhibit E - Burkhardt v. Community Service Project)(Harrison, Jack) |
| Filing 60 NOTICE OF FILING by Shelter Mutual Insurance Company re #54 MOTION for Joinder by Shelter Mutual Insurance Company (Attachments: #1 Proposed Order Granting Motion to Sever)(Lydon, Deborah) |
| Filing 59 NOTICE OF FILING by Alfa Vision Insurance re #56 MOTION for Joinder by Alfa Vision Insurance (Attachments: #1 Proposed Order Granting Motion to Sever)(Comodeca, James) |
| NOTICE OF DEFICIENCY TO Deborah Lydon re #54 MOTION for Joinder by Shelter Mutual Insurance Company; attorney has failed to submit a proposed order as an electronic attachment to the motion; Error made by the attorney; Attorney shall file the proposed order as an attachment to a Notice of Filing within 3 business days. cc: COR (JMM) |
| NOTICE OF DEFICIENCY TO James Comodeca re #56 MOTION for Joinder by Alfa Vision Insurance; attorney has failed to submit a proposed order as an electronic attachment to the motion. Error made by the attorney; Attorney shall file the proposed order as an attachment to the Notice of Filing within 3 business days. cc: COR (JMM) |
| NOTICE OF DOCKET MODIFICATION TO Peter Cummins re #52 Response in Opposition to Motion; Error: the main document was scanned instead of converted into PDF format directly from the native word application; 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) |
| Filing 58 RESPONSE in Opposition re #28 MOTION to Remand by 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, James D. Nichols filed by Foremost Insurance Company. (Attachments: #1 Exhibit 1 - Kearns v. Ford Motor Co.#2 Exhibit 2 - In re Textainer Partnership Sec. Litig.#3 Exhibit 3 - Waitt v. Merck & Co., Inc.#4 Exhibit 4 - Hart v. FedEx Ground Packaging System, Inc.#5 Exhibit 5 - City of Fairview Heights v. Orbitz, Inc.#6 Exhibit 6 - Robinson v. Cheetah Transp.#7 Exhibit 7 - Serrano v. 180 Connect, Inc.#8 Exhibit 8 - Hangarter v. The Paul Revere Life Ins. Co.)(McTighe, Chadwick) |
| Filing 57 RESPONSE in Opposition re #28 MOTION to Remand by 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, James D. Nichols filed by Safe Auto Insurance Company. (Schoeni, K.) |
| Filing 56 MOTION for Joinder by Alfa Vision Insurance in Progressive Direct Insurance Company's Motion to Sever (Comodeca, James) Additional attachment(s) added on 9/11/2006 (Maxie, Joyce). Modified on 9/11/2006 (to attached Proposed Order)(Maxie, Joyce). |
| Filing 55 RESPONSE in Opposition re #28 MOTION to Remand by 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, James D. Nichols filed by Alfa Vision Insurance. (Attachments: #1 Exhibit Plaintiffs' Reply in Support of Motion to Remand)(Comodeca, James) |
| Filing 54 MOTION for Joinder by Shelter Mutual Insurance Company in Progressive Direct Insurance Company's Motion to Sever (Lydon, Deborah) Additional attachment(s) added on 9/11/2006 (Maxie, Joyce). Modified on 9/11/2006 (To attach Proposed Order)(Maxie, Joyce). |
| Filing 53 RESPONSE in Opposition re #28 MOTION to Remand by 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, James D. Nichols filed by Shelter Mutual Insurance Company. (Attachments: #1 Exhibit Plaintiffs' Reply in Support of Motion to Remand)(Lydon, Deborah) |
| Filing 52 RESPONSE in Opposition re #28 MOTION to Remand by 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, James D. Nichols filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit A - Asher v. 3M#2 Exhibit B - Lyons v. Lutheran Hosp. of Ind.#3 Exhibit C - Kearns v. Ford Motor Co.#4 Proposed Order)(Cummins, Peter) |
| Filing 51 RESPONSE in Opposition re #28 MOTION to Remand by 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, James D. Nichols filed by Acuity, A Mutual Insurance Company. (Attachments: #1 Proposed Order Denying Plaintiffs' Motion to Remand)(MacDonald, Mark) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #31 MOTION to Dismiss by Safe Auto Insurance Company (JMM) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #31 MOTION to Dismiss by Safe Auto Insurance Company (JMM) |
| Filing 50 REPLY to #31 In Support of Safe Auto Insurance Company's Motion to Dismiss filed by Safe Auto Insurance Company. (Schoeni, K.) |
| NOTICE OF DOCKET MODIFICATION TO Jason Reed re #48 Response in Opposition to Motion; Error: This is a response and a motion. 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 Motion to Stay #49 . In the future, when filing mutiple 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 (JMM) |
| Filing 49 MOTION to Stay #37 Motion to Sever by 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, James D. Nichols (JMM) |
| Filing 48 RESPONSE in Opposition re #38 MOTION for Joinder by Progressive Direct Insurance Company, Indiana Insurance Company, #37 MOTION to Sever by Progressive Direct Insurance Company, Indiana Insurance Company filed by 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, James D. Nichols. (Reed, Jason) |
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Filing 47
ORDER granting #42 Motion to Appear Pro Hac Vice for attorney Michael R. Nelson. Signed by Judge David L. Bunning. (JMM)cc: COR
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Filing 46
ORDER granting #41 Motion to Appear Pro Hac Vice for attorney Randall S. Rabe. Signed by Judge David L. Bunning. (JMM)cc: COR
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| Filing 45 MINUTE ENTRY FOR STATUS CONFERENCE held on 8/24/06 before Judge David L. Bunning: 1) All responses to Plfs' Motion to Remand are due not later than 9/8/06. Plfs' reply to the various responses is hereby due in accordance with the Joint Local Rules by 9/22/06; 2) Plfs' Motion to Stay adjudication of any motions #30 is granted; 3) Plfs' oral motion at the status conference for leave to file their Second Amended Complaint is granted; 4) To the extent Plfs have not already done so, they shall promptly serve a copy of their Second Amended Complaint upon all counsel of record pursuant to Federal Civil Rule 5; 5) To the extent they have not already done so, Defs shall file their answers or otherwise plead to Plfs' Second Amended complaint by 9/22/06; 6) Denying as moot #39 MOTION for Extension of Time to File Answer; 7) With respect to Def. Cincinnati Insurance Co. - for which Def. the record reflects no entry of appearance, answer, or other filing - Plfs shall file a report on the status of service of process by 9/8/06; 8) Def. Acuity's Motion to Stay filing deadlines #34 is denied as moot; 9) Def. Indiana Insurance's Motion to Join in Progressive's Motion to Sever #38 is granted; 10) Discovery is hereby stayed pending further order of the Court. (COURT REPORTER: LISA WIESMAN) (JMM)cc: COR |
| Filing 44 RESPONSE in Opposition re #31 MOTION to Dismiss by Safe Auto Insurance Company filed by 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, James D. Nichols. (Reed, Jason) |
| Filing 43 PRO HAC VICE Filing fee received - Michael R. Nelson and Randall S. Rabe - $ 130.00, receipt number 125122 (JMM) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #42 MOTION for Michael R. Nelson to Appear Pro Hac Vice by Safe Auto Insurance Company (Filing fee $65.), #41 MOTION for Randall S. Rabe to Appear Pro Hac Vice by Safe Auto Insurance Company (Filing fee $65.) (JMM) |
| Filing 42 MOTION for Michael R. Nelson to Appear Pro Hac Vice with attached Memorandum in Support by Safe Auto Insurance Company (Attachments: #1 Affidavit of Michael R. Nelson in Support of Motion for Admission Pro Hac Vice#2 Certificate of Good Standing#3 Proposed Order Granting Motion for Counsel to Appear Pro Hac Vice)(Schoeni, K.) Modified on 8/17/2006 (to indicate that the Memorandum was included within the Main Document and adding no filing fee paid) (Maxie, Joyce). |
| Filing 41 MOTION for Randall S. Rabe to Appear Pro Hac Vice with attached Memorandum in Support by Safe Auto Insurance Company (Attachments: #1 Affidavit Affidavit of Randall S Rabe in Support of Motion for Admission Pro Hac Vice#2 Certificate of Good Standing#3 Proposed Order Order Granting Motion for Counsel to Appear Pro Hac Vice)(Schoeni, K.) Modified on 8/17/2006 (to indicate that Memorandum was included within the Main Document and adding no filing fee paid)(Maxie, Joyce). |
| Clerk's Note: re #38 MOTION for Joinder by Progressive Direct Insurance Company, Indiana Insurance Company, #37 MOTION to Sever by Progressive Direct Insurance Company, Indiana Insurance Company. Clerk has advised counsel of choosing the correct filer for each pleading and that the attorney that e-files the pleadings must match the signature. (JMM) |
| Filing 40 RESPONSE in Opposition re #39 MOTION for Extension of Time to File Answer by Foremost Insurance Company filed by 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, James D. Nichols. (Reed, Jason) |
| Filing 39 MOTION for Extension of Time to File Answer by Foremost Insurance Company (Attachments: #1 Memorandum in Support #2 Proposed Order)(Farris, Marjorie) |
| NOTICE OF DOCKET MODIFICATION TO Peter Cummins re #38 MOTION for Joinder by Progressive Direct Insurance Company, Indiana Insurance Company, #37 MOTION to Sever by Progressive Direct Insurance Company, Indiana Insurance Company, #36 Disclosures; 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 conveted to PDF format using PDF conversion software rather than being scanned; No further action required by counsel. cc: COR (JMM) |
| Filing 38 MOTION for Joinder by Progressive Direct Insurance Company, Indiana Insurance Company Indiana Insurance Co.'s Joinder in Motion to Sever Plaintiffs' Claims (Attachments: #1 Proposed Order Order Severing Claims)(Cummins, Peter) Modified on 8/16/2006 (to additional filer) (Maxie, Joyce). |
| Filing 37 MOTION to Sever by Progressive Direct Insurance Company, Indiana Insurance Company (Attachments: #1 Memorandum in Support Memorandum of Law in Support of Motion to Sever Claims#2 Proposed Order Order Severing Claims)(Cummins, Peter) Modified on 8/16/2006 (to delete additional filer)(Maxie, Joyce). |
| Filing 36 CORPORATE DISCLOSURES by Progressive Direct Insurance Company, Indiana Insurance Company.(Cummins, Peter) |
| NOTICE OF DOCKET MODIFICATION TO Mark MacDonald re #34 MOTION to Stay by Acuity, A Mutual Insurance Company; Error: attachment was insufficiently described as "Exhibit B,"; Entry made by attorney; Correction: the Clerk has renamed the attachment. It is necessary that all attachments are adequately described. Ex: Exhibit B (incorrect); Exhibit B - License Tax Form (correct); No further action required by attorney. cc: COR (JMM) |
| Filing 35 RESPONSE to #30 , #34 Motion to Stay and Reply in Support of Plaintiff's Motion to Stay filed by 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, James D. Nichols. (Reed, Jason) |
| Filing 34 MOTION to Stay by Acuity, A Mutual Insurance Company , Memorandum In Support, and Memo in Opp. to Plaintiff's Motion to Stay (Attachments: #1 Exhibit A - Proposed Order#2 Exhibit B)(MacDonald, Mark) |
| Filing 33 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Donald Miller. #32 Answer to Amended Complaint 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 (LSG) |
| NOTICE OF DEFICIENCY TO Donald Miller re #32 Answer to Amended Complaint; 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. cc: COR (LSG) |
| Filing 32 ANSWER to Amended Complaint of Defendant Indiana Insurance Company by Indiana Insurance Company.(Miller, Donald) |
| NOTICE OF DOCKET MODIFICATION TO K. Schoeni re #31 MOTION to Dismiss by Safe Auto Insurance Company ; 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 (LSG) |
| Filing 31 MOTION to Dismiss by Safe Auto Insurance Company (Attachments: #1 Memorandum in Support of Defendant Safe Auto Insurance Company's Motion to Dismiss#2 Proposed Order Granting Defendant Safe Auto Insurance Company's Motion to Dismiss)(Schoeni, K.) |
| Filing 30 MOTION to Stay by 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, James D. Nichols (Attachments: #1 Memorandum in Support #2 Proposed Order)(Reed, Jason) (Entered 8/7/2006) |
| Clerk's Note: re #29 Motion to Stay; Attorney advised that a Motion should have been filed as the Main Document. Attorney will refile Motion w/Memorandum In Support and Proposed Order (LSG) |
| NOTICE OF ACTION BY CLERK STRIKING A DOCUMENT FROM THE RECORD re #29 MOTION to Stay; Memorandum In Support was an INCORRECT PDF document filed as main document; Attorney shall re-file the corrected Motion to Stay within three (3) business days. *TA* cc: COR (LSG) |
| Filing 29 STRICKEN PURSUANT to Notice of Action Striking document on 8/8/2006 Modified on 8/8/2006 (Greiwe, Linda). |
| Filing 28 MOTION to Remand with Memorandum in support by Plaintiffs, 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, James D. Nichols (Attachments: #1 Memorandum in Support #2 Appendix 1-Asher v. Minnesota Mining cited in Westlaw#3 Appendix 2-Napolitano v. Krystle Towers cited in Westlaw#4 Appendix 3-p.1-22 Schwartz v. Comcast cited in Westlaw#5 Appendix 3-p. 23-37 Schwartz v. Comcast cited in Westlaw#6 Appendix 4-Evans v. Walter Industries cited in Westlaw#7 Appendix 5-Robinson v. Cheetah Transportation cited in Westlaw#8 Appendix 6-Kearns v. Ford Motor cited in Westlaw#9 Proposed Order)(TED) |
| Filing 27 NOTICE of Appearance by Peter Matthew Cummins, Donald L. Miller, II on behalf of Indiana Insurance Company (LSG) |
| NOTICE OF DOCKET MODIFICATION TO James Comodeca re #23 Answer to Amended Complaint, #24 Disclosure Statement pursuant to FRCP 7.1, #25 Answer to Amended Complaint, #26 Disclosure Statement pursuant to FRCP 7.1 ; 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 (LSG) |
| Filing 26 FRCP 7.1 DISCLOSURE STATEMENT by Alfa Vision Insurance. (Comodeca, James) |
| Filing 25 ANSWER to Amended Complaint Answer to Frist Amended Class Action Complaint by Alfa Vision Insurance.(Comodeca, James) |
| Filing 24 FRCP 7.1 DISCLOSURE STATEMENT by Shelter Mutual Insurance Company. (Comodeca, James) |
| Filing 23 ANSWER to Amended Complaint Answer to First Amended Class Action Complaint by Shelter Mutual Insurance Company.(Comodeca, James) |
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Filing 22
AGREED ORDER: The defendant, Foremost Insurance Company shall serve its answer or other responsive pleading to plaintiffs' complaint through and until 8/15/2006. Signed by Judge J. Gregory Wehrman. (JMM)cc: COR
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| Filing 21 CORPORATE DISCLOSURES STATEMENT by Safe Auto Insurance Company.(Schoeni, K.) |
| Filing 20 NOTICE OF APPEARANCEas Co-Counsel for Plaintiffs by Anna M. Nicholas, 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, James D. Nicholas.(Reed, Jason) |
| NOTICE OF DEFICIENCY TO Jason Reed re #20 NOTICE OF APPEARANCE; 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. cc: COR (JMM) |
| ***FILE SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #19 Proposed Agreed Order/Stipulation (JMM) |
| Filing 19 Proposed Agreed Order/Stipulation to Extend Time for Foremost Ins. Co. to Serve its Responsive Pleading by Foremost Insurance Company. (Farris, Marjorie) |
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Filing 14
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
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| ***FILE SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #13 Proposed Agreed Order/Stipulation (JMM) |
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Filing 18
AGREED ORDER: Def. Foremost Insurance Co. shall file a Response to the Complaint by 8/1/2006. Signed by Judge David L. Bunning. (JMM)cc: COR
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Filing 17
STIPULATION AND ORDER: Def. Safe Auto Ins. Co. shall file a Response to the Complaint by 8/8/2006. Signed by Judge David L. Bunning. (JMM)cc: COR
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Filing 16
AGREED ORDER: Def. Shelter Mutual Ins. Co. shall answer or otherwise plead to the Complaint by 8/8/2006. Signed by Judge David L. Bunning. (JMM)cc: COR
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Filing 15
AGREED ORDER: Def. Alfa Vision Insurance shall file an answer or otherwise plead to the Complaint by 8/8/2006. Signed by Judge David L. Bunning. (JMM)cc: COR
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| Filing 13 Proposed Agreed Order/Stipulation by Foremost Insurance Company. (Attachments: #1 Proposed Order Ext. of Time to File Answer to 080106)(Hamilton, Joseph) |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned to Judge David L. Bunning for all further proceedings. Judge William O. Bertelsman no longer assigned to case. Signed by Judge William O. Bertelsman. (JMM)cc: COR
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| Filing 11 NOTICE OF APPEARANCE by Foremost Insurance Company.(Hamilton, Joseph) |
| Filing 10 FRCP 7.1 DISCLOSURE STATEMENT by Acuity, A Mutual Insurance Company. (MacDonald, Mark) |
| Filing 9 STIPULATION For Extension of Time to Move, Answer or Otherwise Plead by Safe Auto Insurance Company. (Schoeni, K.) |
| Filing 8 Proposed Agreed Order/Stipulation by Plaintiffs Anna M. Nicholas and James D. Nicholas, et al and Defendant Shelter Mutual Insurance Company. (JMM) |
| Filing 7 Proposed Agreed Order/Stipulation by Plaintiffs Anna M. Nicholas and James D. Nicholas, et al and Alfa Vision Insurance. (JMM) |
| Filing 6 NOTICE of Appearance by Deborah R. Lydon, James A. Comodeca and Margaret M. Maggio on behalf of Shelter Mutual Insurance Company (JMM) |
| Filing 5 NOTICE of Appearance of counsel James A. Comodeca and Margaret M. Maggio for defendant Alfa Vision Insurance (JMM) |
| Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Mark A. MacDonald. Answer to Complaint 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 (JMM) |
| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Progressive Direct Insurance Company. (JMM) |
| SECOND AMENDED COMPLAINT (ATTACHED AS STATE COURT RECORD IN THE NOTICE OF REMOVAL) against Progressive Direct Insurance Company, Acuity, A Mutual Insurance Company, Foremost Insurance Company, Shelter Mutual Insurance Company, Alfa Vision Insurance, Safe Auto Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, Cincinnati Insurance Company, Indiana Insurance Company, filed by 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, James D. Nichols.(JMM) |
| FIRST AMENDED COMPLAINT (ATTACHED AS STATE COURT RECORD TO NOTICE OF REMOVAL) against Progressive Direct Insurance Company, Acuity, A Mutual Insurance Company, Foremost Insurance Company, Shelter Mutual Insurance Company, Alfa Vision Insurance, Safe Auto Insurance Company, Kentucky Farm Bureau Mutual Insurance Company, filed by Anna M. Nichols, Dixie Dew Products, Incorporated, Robert Nesbitt, Ruth Culyer, Brenda Adamkiewicz, Greg Adamkiewicz, Jamie Brown, Mark Hahn, Amy Hahn, James D. Nichols.(JMM) |
| Filing 2 ANSWER to Second Amended Complaint by Progressive Direct Insurance Company. (Attachments: #1 Exhibit A - Progressive - Kentucky Motor Vehicle Policy #2 Exhibit B - Progressive Insurance Application)(JMM) |
| Filing 1 NOTICE OF REMOVAL from Boone Circuit Court, case number 06-C-1172. ( Filing fee $350; receipt number 124639), filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit A - State Court Case Pgs 1-49 #2 Exhibit A - State Court Record Pgs 50-66 #3 Exhibit A1 - State Court Record Pgs 1-46 #4 Exhibit A1 - State Court Record Pgs 47-68 #5 Exhibit B - Case Law - Pgs 1-26 #6 Exhibit B - Case Law - Pgs 27-56 #7 Exhibit C - Cincinnati Enquirer News Article dtd 6/13/06 #8 Exhibit D - Notice of Filing from Boone Circuit Court #9 Civil Cover Sheet Case Assignment Sheet, Receipt)(JMM) |
| ANSWER to Second Amended Complaint by Acuity, A Mutual Insurance Company (attached to Notice of Removal as state court pleading).(JMM) |
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