Dyas et al v. State Farm Fire and Casualty Insurance Company
| Donald Gary Wilson, Johnna Dyas, Robert Dyas and Suzanne Wilson |
| State Farm Fire and Casualty Insurance Company |
| 2:2010cv00215 |
| October 1, 2010 |
| US District Court for the Eastern District of Kentucky |
| Covington Office |
| Kenton |
| David L Bunning |
| Candace J Smith |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 60
ORDER AND FINAL JUDGMENT GRANTING APPROVAL OF SETTLEMENT AGREEMENT AND DIRECTING ENTRY OF JUDGMENT. (See Order for Details). Signed by Judge David L. Bunning on 6/10/2014.(LST)cc: COR
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| Filing 59 MINUTE ENTRY ORDER FOR FINAL APPROVAL HEARING held on 6/10/2014 before Judge David L. Bunning; 1)Louise Dorrell, Gary Schweikert, Nellie Nation, Donald Dvorak, Hattie Dvorak, Kevin Hawkins, Audrey Martin, Deward Spillman, Phillip Bennett and Patricia Furgerson are excluded from the settlement class; 2)The Court overrules Class Member Michael Robinsons's written objections for reasons stated on the record; 3)Pla's #57 Consent motion for final approval of settlement and other relief is granted. A Final Order will be entered concurrently. (Court Reporter PEGGY WEBER.) (LST)cc: COR |
| Filing 58 NOTICE by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson re #57 MOTION for Order by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson FINAL MOTION for Attorney Fees by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson FINAL MOTION to Certify Class by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson FINAL MOTION for Settlement by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson Plaintiffs Notice of Improper Objection and Unverified Opt Out (Attachments: #1 Exhibit 1 Robinson Objection, #2 Exhibit 2 Furgerson Opt Out)(Mason, Gary) |
| ***FILE SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: #58 Plaintiff's Notice of Improper Objection and Unverified Opt Out (LST) |
| Filing 57 MOTION for Order by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson , FINAL MOTION for Attorney Fees by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson , FINAL MOTION to Certify Class by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson , FINAL MOTION for Settlement by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support, #2 Exhibit A Declaration of Melissa Eisert, #3 Exhibit B CAFA Notice US Attorney General, #4 Exhibit C CAFA Notice Kentucky Department of Insurance, #5 Exhibit D Declaration of C. Nordloh, #6 Exhibit E Certification of Edmondson & Associates, #7 Exhibit F Declaration of G. Mason, #8 Proposed Order)(Mason, Gary) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge David L. Bunning for review: re #57 MOTION for Order by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson FINAL MOTION for Attorney Fees by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson FINAL MOTION to Certify Class by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson FINAL MOTION for Settlement by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson (LST) |
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Filing 56
ORDER GRANTING MOTION FOR CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS, PRELIMINARY APPROVAL OF SETTLEMENT, APPROVING NOTICE TO THE CLASS, AND SCHEDULING FAIRNESS HEARING: (See Order for Details). Signed by Judge David L. Bunning on 11/22/2013.(ECO)cc: COR
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| Filing 55 MINUTE ENTRY ORDER FOR Preliminary Approval Hearing held on 11/22/2013 before Judge David L. Bunning: Parties present as noted. IT IS ORDERED: 1) For Reasons stated in Court, the Court finds the parties' Proposed Settlement Agreement #52 to be fair, adequate and reasonable, and in compliance with Federal Rules of Civil Procedure 23. Accordingly, the parties' consent Motion for Preliminary Approval #52 is GRANTED; 2) This matter is scheduled for a Final Fairness Hearing set for 6/10/2014 11:00 AM in COVINGTON before Judge David L. Bunning; 3) A separate Order shall be submitted to Chambers for review by close of business this day. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR |
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Filing 54
VIRTUAL ORDER: It is ordered that #52 Motion to apoint counsel, Motion for Settlement, Motion for Hearing is scheduled for PRELIMINARY APPROVAL HEARING on 11/22/2013 at 10:00 AM in COVINGTON before Judge David L. Bunning. Signed by Judge David L. Bunning on 11/14/2013.(TED)cc: COR
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| Filing 53 MEMORANDUM IN SUPPORT of #52 Separate Memorandum in Support of Preliminary Approval of Proposed Class Settlement filed by State Farm Fire and Casualty Insurance Company. (Johnson, Mark) |
| Filing 52 MOTION to Appoint Counsel by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson , MOTION to Certify Class by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson , MOTION for Settlement by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson , MOTION for Hearing by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson . (Attachments: #1 Memorandum in Support, #2 Exhibit A to Memorandum - Settlement Agreement, #3 Exhibit A to Settlement Agreement - Preliminary Approval Order, #4 Exhibit B to Settlement Agreement - Notice, #5 Exhibit c to Settlement Agreement - Claim form, #6 Exhibit D to Settlement Agreement - Final Order)(Mason, Gary) Modified to take out referral language on 11/7/2013 (ECO). |
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Filing 51
ORDER: 1) The Joint Motion to Continue Stay #50 is GRANTED, and the STAY of this action is continued for a period of 7 days from the date of filing of the Joint Supplemental Rule 16 Report - the same being 11/1/2013. Accordingly, unless a motion to lift the stay is filed in the interium, the parties shall file a joint status report, or a motion for preliminary approval of settlement in lieu thereof, by 11/8/2013. Signed by Magistrate Judge Candace J. Smith on 11/2/2013. (ECO)cc: COR
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| Set/Reset Deadlines: Joint Status Report or Motion for preliminary approval of settlement due by 11/8/2013.(ECO) |
| Filing 50 JOINT MOTION to Stay by Johnna Dyas, Robert Dyas, State Farm Fire and Casualty Insurance Company, Donald Gary Wilson, Suzanne Wilson Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Proposed Order to Joint Supplemental Rule 16 Report and Joint Motion to Continue Stay)(McClellan, Rand) |
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Filing 49
ORDER: 1) The Joint Motion to Continue Stay #48 is GRANTED, and the STAY of this action is hereby continued for a period of 14 days from the date of filing of the Joint Supplemental Rule 16 Report - the same being 10/18/2013. Accordingly, unless a motion to lift the stay is filed in the interim, the parties shall file a joint status report, or a motion for preliminary approval of settlement in lieu thereof, by or on 11/1/2013. Signed by Magistrate Judge Candace J. Smith on 10/21/2013. (ECO)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #48 MOTION to Continue by Johnna Dyas, Robert Dyas, State Farm Fire and Casualty Insurance Company Joint Supplmental Rule 16 Report and Joint Motion to Continue Stay (ECO) |
| Set/Reset Deadlines: Motion for preliminary approval of settlement due by 11/1/2013 or Joint Status Report due by 11/1/2013. (ECO) |
| Filing 48 MOTION to Continue by Johnna Dyas, Robert Dyas, State Farm Fire and Casualty Insurance Company Joint Supplmental Rule 16 Report and Joint Motion to Continue Stay Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order ORDER to Grant Joint Motion to Continue Stay)(McClellan, Rand) |
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Filing 47
ORDER: 1) The Joint Motion to Continue Stay #46 is GRANTED, and the STAY of this action is hereby continued for a period of 14 days from the date of filing of the Joint Supplemental Rule 16 Report the same being 10/4/13. Accordingly, unless a motion to lift the stay is filed in the interim, the parties shall file a joint status report, or a motion for preliminary approval of settlement in lieu thereof, by or on 10/18/13. Signed by Magistrate Judge Candace J. Smith on 10/18/2013. (ECO)cc: COR
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| Set/Reset Deadlines: Motion for preliminary approval of settlement due by 10/18/2013 of Joint Status Report due by 10/18/2013. (ECO) |
| ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #46 JOINT MOTION to Stay by Johnna Dyas, Robert Dyas, State Farm Fire and Casualty Insurance Company, Donald Gary Wilson, Suzanne Wilson to Continue Stay and Joint Supplemental Rule 16 Report (LST) |
| ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: #45 Status Report (LST) |
| Filing 46 JOINT MOTION to Stay by Johnna Dyas, Robert Dyas, State Farm Fire and Casualty Insurance Company, Donald Gary Wilson, Suzanne Wilson to Continue Stay and Joint Supplemental Rule 16 Report Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(McClellan, Rand) |
| Filing 45 JOINT STATUS REPORT Supplemental Rule 16 Report and Joint Motion to Continue Stay by Johnna Dyas, Robert Dyas, State Farm Fire and Casualty Insurance Company, Donald Gary Wilson, Suzanne Wilson. (McClellan, Rand) |
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Filing 44
ORDER: 1) The Joint Motion to Continue Stay #43 is GRANTED, and the STAY of this action is hereby continued for a period of 60 days from the date of filing of the Joint Supplemental Rule 16 Report-the same being 10/4/2013. Accordingly, unless a motion to lift the stay is filed in the interim, the parties shall file a joint status report, or a motion for preliminary approval of settlement in lieu thereof, by or on 10/4/2013. Signed by Magistrate Judge Candace J. Smith on 8/6/2013. (ECO)cc: COR
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| NOTICES OF DEFICIENCY AND DOCKET MODIFICATION TO Rand McClellan re #43 Joint MOTION to Stay and re #42 Status Report. ERROR 1: re #43 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. ERROR 2: re #42 This is a Joint Supplement and Motion. The pleading was filed only as a Status Report/Joint Supplement when the document should have been filed as two separate entries; Entry by attorney; Clerk re-filed the pleading as a Joint Motion #43 . In the future, when filing multiple pleadings within one filing, please refer to the ECF User Manual 'Filing Other Types of Documents' for the correct procedure. No further action required by counsel as to ERROR 2. cc: COR (ECO) Modified typo on 8/6/2013 (ECO). |
| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #42 Joint Supplemental Rule 16 Report (ECO) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #43 Joint MOTION to Stay re #42 Status Report by Johnna Dyas, Robert Dyas, State Farm Fire and Casualty Insurance Company, Donald Gary Wilson, Suzanne Wilson (ECO) |
| Set/Reset Deadlines: Status Report due by 10/4/2013. Joint Supplemental Rule 16 Report due by 10/4/2013. (ECO) |
| Filing 43 JOINT MOTION to Continue Stay by Johnna Dyas, Robert Dyas, State Farm Fire and Casualty Insurance Company, Donald Gary Wilson, Suzanne Wilson. Motions referred to Candace J. Smith. "filed pursuant to QC re: #40 ." (ECO) Modified bold on 8/6/2013 (ECO). |
| Filing 42 Joint Supplemental Rule 16 Report by Johnna Dyas, Robert Dyas, State Farm Fire and Casualty Insurance Company, Donald Gary Wilson, Suzanne Wilson. (McClellan, Rand) Modified to correctly described document on 8/6/2013 (ECO). |
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Filing 41
ORDER: Construed Joint Motion to COntinue Stay #40 is GRANTED and the STAY of this action is continued for 60 days. Unless a motion to lift the stay is filed, the parties shall file a joint status report or amotion for preliminary approval of settlement on or before 8/5/2013 . Signed by Magistrate Judge Candace J. Smith on 6/10/2013.(TJZ)cc: COR
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| Filing 40 STATUS REPORT Joint Supplemental Rule 16 Report by Johnna Dyas, Robert Dyas, State Farm Fire and Casualty Insurance Company, Donald Gary Wilson, Suzanne Wilson. (McClellan, Rand) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Smith for review: #40 Joint Supplemental Rule 16 Status Report. (AKR) |
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Filing 39
VIRTUAL ORDER; 1)Granting #38 JOINT MOTION to Extend Filing Deadline for Joint Supplemental Rule 16 Report; 2)Parties are granted an extension of time, up to and including 6/6/2013 to file their Joint Supplemental Report. Signed by Magistrate Judge Candace J. Smith on 5/15/2013.(LST)cc: COR
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| Filing 38 JOINT MOTION to Extend Filing Deadline for Joint Supplemental Rule 16 Report by Johnna Dyas, Robert Dyas, State Farm Fire and Casualty Insurance Company, Donald Gary Wilson, Suzanne Wilson Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Reed, Jason) Modified to better describe document on 5/14/2013 (ECO). |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #38 JOINT MOTION for Extension of Time by Johnna Dyas, Robert Dyas, State Farm Fire and Casualty Insurance Company, Donald Gary Wilson, Suzanne Wilson (ECO) |
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Filing 37
ORDER; 1)The Construed #36 Joint Motion for Stay of Proceedings is GRANTED; 2)This action is STAYED for a period of 90 days from the date of filing of the Joint Supplemental Rule 16 Report (5/23/2013); 3)Unless a motion to lift the stay is filed in the interim, the parties to file a joint status report, or a motion for preliminary approval of settlement on or before 5/23/2013. Signed by Magistrate Judge Candace J. Smith on 2/25/2013.(LST)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of MAGISTRATE SMITH for review: #36 jOINT Status Report (TED) |
| Filing 36 JOINT STATUS REPORT Joint Supplemental Rule 16 Report by Johnna Dyas, Robert Dyas, State Farm Fire and Casualty Insurance Company, Donald Gary Wilson, Suzanne Wilson. (McClellan, Rand) |
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Filing 35
ORDER; 1)Above captioned cases are consolidated for further proceedings and shall remain consolidated unless otherwise ordered by the Court; 2)Parties are instructed that all further filings shall be made only in the lower case number, 2:10-cv-215, and utilizing the case caption Robert Dyas, et al. v. State Farm Fire and Casualty Insurance Company, et al. Signed by Magistrate Judge Candace J. Smith on 2/13/2013.(LST)cc: COR
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Filing 34
ORDER; 1)On or before 2/22/2013, parties to confer and provide a joint status report updating on the status of ADR discussions noted in paragraph 4 of their Joint #33 Rule 16 Reports; 2)Joint status report should also report on whether the time line as proposed in the Rule 16 Report is still feasible and, if not, what adjustments to the proposed time line are necessary and appropriate in light of any subsequent discussions between counsel directed to settlement or other matters. Signed by Magistrate Judge Candace J. Smith on 2/13/2013.(LST)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of MAGISTRATE SMITH for review: #33 Joint Status Report (TED) |
| Filing 33 JOINT STATUS REPORT Joint Rule 16 Report by Plaintiffs and State Farm Fire and Casualty Insurance Company. (McClellan, Rand) Modified adding filers on 12/19/2012 (TED). Modified to describe on 12/20/2012 (TED). |
| Clerk's Note: re #33 Status Report: Atty's secretary called & said she did not selected all parties filing this document. (KJR) |
| NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re 32 Virtual Order on Motion to Appear Pro Hac Vice for jason S. Rathod; Error: Incorrect file date; Entry by docket clerk; Correction: file date changed to 12/11/12; no steps need to be taken by counsel cc: COR and Jason S. Rathod by regular mail. (LMB) |
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Filing 32
VIRTUAL ORDER: granting #30 Motion for Jason S. Rathod to Appear Pro Hac Vice on behalf of Plaintiffs, the requirements of Local Rule 83.2 having been satisfied.Signed by Magistrate Judge Candace J. Smith on 12/11/2012.(LMB)cc: COR and Jason S. Rathod by regular mail w/copy of ECF Mandatory Notice and Registration form. Modified file date to 12/11/12 on 12/12/2012 (LMB).
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| Filing 31 TRANSCRIPT of Proceedings: Status Conference held on December 4, 2012 before Judge Candace J. Smith. Court Reporter: Lisa Reed Wiesman, Telephone number 859-291-4410. Transcript ordered by: Rand McClellan, Attorney for State Farm. 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 1/2/2013. Redacted Transcript Deadline set for 1/10/2013. Release of Transcript Restriction set for 3/11/2013. |
| Filing 30 MOTION for Jason S. Rathod to Appear Pro Hac Vice by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson ( Filing fee $95; receipt number 0643-2513683)Motions referred to Candace J. Smith. (Attachments: #1 Declaration of Jason S. Rathod, #2 Proposed Order)(Mason, Gary) |
| Filing 29 MINUTE ENTRY ORDER FOR STATUS CONFERENCE held on 12/4/2012 before Magistrate Judge Candace J. Smith; 1)The stay imposed in each case is LIFTED, and each case is returned to the Court's active docket; 2)In each case, parties to meet and confer by 12/17/12 and file their joint report of planning meeting w/proposed case plan by 12/19/2012 also including each side's position on any apsects of the proposed case plan over which the parties are unable to agree; 3)The Motions to Withdraw as Counsel as to attorney Christa J.F. Rounsavall in cases 10-220 and 10-221 are granted. (Court Reporter LISA WIESMAN.) Signed by Candace J. Smith. (LST)cc: COR |
| NOTICE OF DOCKET MODIFICATION TO Gary Mason re #28 Status Report; Error: Attachments were insufficiently described as "Exhibit A", "Exhibit B"; Entry by attorney; Correction: The Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (TED) |
| ***FILE SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #28 Status Report. (TED) |
| Filing 28 STATUS REPORT by Plaintiffs by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson. (Attachments: #1 Exhibit A-Proposed Scheduling Order, #2 Exhibit B-Transcript Proceedings 5/7/2008, #3 Exhibit C-Joint Plan of Class Notice)(Mason, Gary) Modified text to describe exhibits on 12/4/2012 (TED). |
| ***FILE SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #27 Status Report. (TED) |
| Filing 27 STATUS REPORT Status Report of Defendants State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty Company by State Farm Fire and Casualty Insurance Company. (Attachments: #1 Exhibit Proposed Agreed Scheduling Order)(McClellan, Rand) |
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Filing 26
ORDER; 1)The STATUS CONFERENCE set for 11/28/2012 at 1:00pm is VACATED and rescheduled for 12/4/2012 at 01:00 PM in COVINGTON before Magistrate Judge Candace J. Smith. Signed by Magistrate Judge Candace J. Smith on 11/16/2012.(LST)cc: COR
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Filing 25
ORDER; 1)A STATUS CONFERENCE is set for 11/28/2012 at 01:00 PM in COVINGTON before Magistrate Judge Candace J. Smith. Signed by Magistrate Judge Candace J. Smith on 11/14/2012.(LST)cc: COR
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Filing 24
ORDER; 1)Matter referred to the Honorable Candace J. Smith pursuant to 28USC636(b)(1)(A) to conduct a status conference to be scheduled by subsequent order of the Mag. Judge. Signed by Judge David L. Bunning on 11/8/2012.(LST)cc: COR
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| Filing 23 USCA MANDATE as to #15 Sixth Circuit Court of Appeals Order, issues today (Attachments: #1 Cover Letter)(LST) |
| Filing 21 INFORMATION COPY OF ORDER/JUDGMENT OF USCA as to #15 Sixth Circuit Court of Appeals Order; 1)AFFIRMING the district court's certification of the Plaintiff subclasses (Attachments: #1 Judgment, #2 Cover Letter - Mandate to Issue)(LST)cc: COR |
| Filing 20 NOTICE by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson of Change of Firm Name (Mason, Gary) |
| Filing 19 APPEAL Filing fee received - $ 455.00, receipt number 2002993 (LST) |
| Filing 18 TRANSCRIPT REQUEST Form by State Farm Fire and Casualty Insurance Company. (McClellan, Rand) |
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Filing 17
ORDER; 1)Above-captioned cases remain STAYED pending further orders of this court. Signed by Judge David L. Bunning on 01/14/2011.(LST)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: #16 Status Report (TED) |
| Filing 16 STATUS REPORT by State Farm Fire and Casualty Insurance Company. (Attachments: #1 Exhibit A - Order Granting Permission to Appeal)(McClellan, Rand) |
| Filing 15 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 NO. 11-5018, Case Manager Julie Brock. (Attachments: #1 6CCA cover letter)(TED) |
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Filing 14
ORDER:(1) GRANTING in part and DENYING in part MOTION to Stay #5 by State Farm Fire and Casualty Insurance Company Pending Appeal of The Court' s Class Certification Order (2) Case is STAYED pending further orders of the Court (3) Within seven (7) days of notification by the Sixth Circuit Court of Appeals of whether their petition for interlocutory appeal has been granted or denied, defts shall file a STATUS REPORT with the Court, at which time the Court will consider whether the stay should remain or be lifted. Signed by Judge David L. Bunning on 12/22/2010. (LMB)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE SMITH for review: re #5 MOTION to Stay by State Farm Fire and Casualty Insurance Company Pending Appeal of The Court' s Class Certification Order (TED) |
| Filing 13 REPLY to Response to Motion re #5 MOTION to Stay by State Farm Fire and Casualty Insurance Company Pending Appeal of The Court' s Class Certification Order IN SUPPORT filed by State Farm Fire and Casualty Insurance Company. (McClellan, Rand) |
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Filing 12
VIRTUAL ORDER: granting #6 Attorney Alexander E. Barnett's MOTION to Withdraw as Attorney for Plaintiffs, the requirements of Local Rule 83.6(b) having been satisfied. Signed by Magistrate Judge Candace J. Smith on 11/11/2010. (KRS)cc: COR
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| Filing 11 RESPONSE in Opposition re #5 MOTION to Stay by State Farm Fire and Casualty Insurance Company Pending Appeal of The Court' s Class Certification Order filed by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson. (Attachments: #1 Exhibit A Response to Petition to Appeal)(Mason, Gary) |
| Filing 10 NOTICE by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson re #6 MOTION to Withdraw as Attorney by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson Certification Pursuant to Rule 83.6(b) (Attachments: #1 Exhibit A)(Barnett, Alexander) |
| Filing 9 NOTICE by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson re #6 MOTION to Withdraw as Attorney by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson Certification Pursuant to Rule 83.6(b) (Attachments: #1 Exhibit A)(Barnett, Alexander) |
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Filing 8
ORDER: It is ordered that the Motion for Withdrawal of attorney Alexander E. Barnett to withdraw as counsel for plaintiffs, Robert Dyas, Johnna Dyas, Donald Gary Wilson and Suzanne Wilson is taken under advisement, pending the filing of a notice certifying that the motion was served on the clients, as required by Local Rule 83.6(b). Signed by Magistrate Judge Candace J. Smith on 11/1/10. (TED)cc: COR
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| Filing 7 Filing fee received - $ 350, receipt number 2002758 pursuant to Order #1 . (TED) |
| Filing 6 MOTION to Withdraw as Attorney by Johnna Dyas, Robert Dyas, Donald Gary Wilson, Suzanne Wilson Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Barnett, Alexander) |
| Filing 5 MOTION to Stay by State Farm Fire and Casualty Insurance Company Pending Appeal of The Court' s Class Certification Order Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support, #2 Exhibit A - State Farm's Petition for Leave to Appeal, #3 Proposed Order)(McClellan, Rand) |
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Filing 4
ORDER; 1)All counsel who were previously admitted pro hac vice are permitted to practice in their respective severed cases without the need for additional pro hac vice applications or fees; 2)Each action is referred to Magistrate Judge Candace J. Smith for pretrial proceedings and oversight of merits discovery. Signed by Judge David L. Bunning on 10/06/2010.(LST)cc: COR
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| Clerk's Note: Deleted Attorney Brina J. Laliberte as he was incorrectly added by Clerk to case. This attorney was terminated 1/17/07. (TED) |
| Filing 22 SECOND AMENDED COMPLAINT against State Farm Fire and Casualty Insurance Company, filed by Suzanne Wilson, Johnna Dyas, Robert Dyas, Donald Gary Wilson. Filed as DE 159 in 06-cv-141 filed per #1 (LST) Modified to take out document number on 10/31/2012 (LST). Replaced DE # on 11/1/2012 (CBD). |
| Filing 3 ANSWER to #2 Amended Complaint by State Farm Fire and Casualty Insurance Company. (Answer to Amended Complaint filed in 2:06-cv-141-DLB)(TED) |
| Filing 2 AMENDED COMPLAINT against State Farm Fire and Casualty Insurance Company, filed by Suzanne Wilson, Johnna Dyas, Robert Dyas, Donald Gary Wilson. (included in Notice of Removal DE #1 filed 7/14/2006 in 2:06-cv-141-DLB)(TED) (Additional attachment(s) added on 10/4/2010: #1 Case Assignment) (TED). |
| Clerk's Note: Incorrect Amended Complaint entered by Clerk. Clerk deleted entry and refiled with correct Amended Complaint. (TED) |
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Filing 1
OPINION AND ORDER: 1) Deft's Motion for Leave to File Supplemental Argument 445 is granted as unopposed; 2) Pltfs' Motion to Certify Class 333 is granted. A class in each of the severed actions as described immediately below, defined as proposed by Pltfs' in their motion, shall be certified, with respect to the Pltfs' claims of Illegal Dealing in Premiums, Conversion, Negligent Servicing, and Declaration of Rights; 3) Court on its own motion severs from these proceedings all claims between the following parties: (In 06-141): (a) Robert and Johnna Dyas and Gary and Suzanne Wilson v. State Farm and Casualty Insurance Company; (b) Gary and Suzanne Wilson v. State Farm Mutual Auto Insurance Company; (c) Jason and Diana Young v. Nationwide Mutual Insurance Company; (d) L. Craig Kendrick v. Ohio Casualty Insurance Company; (e) John Nicholas v. West American Insurance Company; (f) Martha Yunker v. Standard Fire Insurance Company; (g) Martha Yunker v. Travelers Insurance Company; (In 06-146): (a) Kenneth and Mary Beth Perry v. Indiana Insurance Company; (b) Michael and Laura Kiffmeyer v. Cincinnati Insurance Company; (c) Matthew Sanning v. Kentucky Farm Bureau Mutual Insurance Company. The Clerk of Court is instructed to open a new civil action number for each of the above actions, with this Order being docketed in each of those actions and with a Clerk's notation cross-referencing 06-141 or 06-146 as the initiating litigation. The Clerk shall also file in each action a copy of the most recent Amended Complaint from the initiating litigation, and a copy of the named insured Deft's Answer thereto. Within 30 days from the date of this Order, Pltfs in each action shall pay the required filing fee; 4) Civil action 06-146 shall remain on the active docket of this Court pending completion of the preliminarily approved Jarboe-Progressive Direct Insurance Company class settlement; civil action 06-141 shall be administratively closed. Signed by Judge David L. Bunning on 9/30/2010 (TED)cc: COR
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| Clerk's Note: This case is filed pursuant to Opinion and Order 477 dated 9/30/2010 entered in 2:06-cv-141-DLB severing the claims of Plaintiffs, Robert Dyas and Johnna Dyas, Donald Gary Wilson and Suzanne Wilson ordering a new civil case be opened. Plaintiffs to pay the required filing fee within thirty (30) days.(TED) |
| Conflict Check run. (TED) |
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