Franklin County, Kentucky v. Liberty Mutual Fire Insurance Company et al
Franklin County, Kentucky |
Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mutual Insurance Co., Netherlands Insurance Co., Ohio Casualty Insurance Co., West American Insurance Company and Wausau Underwriters Insurance Company |
Edward Meiman and Johanna Meiman |
3:2008cv00045 |
July 12, 2008 |
US District Court for the Eastern District of Kentucky |
P.I.: Other Office |
Franklin |
Danny C Reeves |
P.I.: Other |
28 U.S.C. § 1332 Diversity-Conversion |
Plaintiff |
Docket Report
This docket was last retrieved on October 21, 2008. A more recent docket listing may be available from PACER.
Document Text |
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Filing 34 ORDER: 1. The joint motion to dismiss [Record No. 33] is GRANTED. The claims asserted in action by Pla Franklin Co, KY, are DISMISSED, without prejudice, pursuant to Rule 41(a)(2) of FRCP. 2. All other pending motions [Record Nos. 14, 15 & 25] are DENIED as moot. (Motions terminated: #33 JOINT MOTION to Dismiss, #25 MOTION to Intervene, #15 MOTION for Leave, #14 MOTION to Dismiss). Signed by Judge Danny C. Reeves on 10/21/2008.(AKR)cc: COR |
Filing 33 JOINT MOTION to Dismiss by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Franklin County, Kentucky, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mutual Insurance Co., Netherlands Insurance Co. Without Prejudice (Attachments: #1 Proposed Order)(Miller, Donald) |
Filing 32 RESPONSE in Opposition re #25 MOTION to Intervene by Edward Meiman, Johanna Meiman filed by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, LM Insurance Co., Indiana Insurance Co., Liberty Mutual Insurance Co., Netherlands Insurance Co.. (Attachments: #1 Proposed Order Entry Denying Motion to Intervene)(Eckelberry, Rodger) |
Filing 31 RESPONSE in Opposition re #25 MOTION to Intervene by Edward Meiman, Johanna Meiman filed by Franklin County, Kentucky. (Attachments: #1 Exhibit A - Meiman State Complaint)(Thompson, Kyle) |
Filing 30 ORDER: the Pla's motion to stay [Record No. 23] is DENIED. Signed by Judge Danny C. Reeves on 10/16/2008. (AKR)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Reeves for review: #15 MOTION for Leave to supplement motion to strike class allegations by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, LM Insurance Co., Indiana Insurance Co., Liberty Mutual Insurance Co., Netherlands Insur. (AKR) |
***MOTION SUBMITTED TO CHAMBERS of Judge Reeves for review: #14 MOTION to Dismiss by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mu MOTION to Strike by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mutual. (AKR) |
Filing 29 ORDER: that the motion for an ext of time [Record No. 27] is DENIED. Signed by Judge Danny C. Reeves on 10/13/2008. (AKR)cc: COR |
Filing 28 REPLY to #14 in Support filed by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mutual Insurance Co., Netherlands Insurance Co.. (Attachments: #1 Exhibit 1 - 03/31/07 Bunning Ruling, #2 Exhibit 2 - OI Advisory Opinion)(Miller, Donald) |
Filing 27 FIRST MOTION for Extension of Time to File Response/Reply as to #25 MOTION to Intervene by Edward Meiman, Johanna Meiman by Franklin County, Kentucky (Attachments: #1 Proposed Order For Extension of Time)(Thompson, Kyle) |
Conflict Check run. (CBD) |
Filing 26 FRCP 7.1 DISCLOSURE STATEMENT by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mutual Insurance Co., Netherlands Insurance Co. identifying Corporate Parent LMHC Massachusetts Holdings Inc., Corporate Parent Liberty Mutual Holding Company Inc., Corporate Parent Liberty Mutual Group Inc. for American Fire & Casualty Insurance Co., Indiana Insurance Co., LM Insurance Co., Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Co., Netherlands Insurance Co., Ohio Casualty Insurance Co., Wausau Underwriters Insurance Company, West American Insurance Company.. (Miller, Donald) |
Filing 25 MOTION to Intervene by Edward Meiman, Johanna Meiman (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit 1 to Memorandum in Support of Motion To Intervene, #3 Intervening Class Complaint and Intervening Class Crossclaim, #4 Proposed Order)(Parry, Ron) |
Filing 24 NOTICE OF FILING by Franklin County, Kentucky re #23 FIRST MOTION to Stay re #14 MOTION to Dismiss by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., IndiaFIRST MOTION to Stay re #14 MOTION to Dismiss by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., IndiaFIRST MOTION to Stay re #14 MOTION to Dismiss by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., India (Thompson, Kyle) |
Filing 23 FIRST MOTION to Stay re #14 MOTION to Dismiss by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mu MOTION to Strike by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mut by Franklin County, Kentucky (Attachments: #1 Proposed Order to Stay)(Thompson, Kyle) |
Filing 22 NOTICE OF FILING by Franklin County, Kentucky re #21 Response to Motion,, to dismiss (Thompson, Kyle) |
Filing 21 RESPONSE to Motion re #14 MOTION to Dismiss by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mu MOTION to Strike by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mut filed by Franklin County, Kentucky. (Attachments: #1 Exhibit A - Special Examination of Local Premium Taxes, #2 Exhibit B - Local Ordinance)(Thompson, Kyle) |
Filing 20 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Donald Miller. #13 & #14 MOTION to Dismiss or Alternatively to Strike by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mutual 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 (AKR) |
Filing 19 ORDER:that the motion to withdraw as counsel of record for Plas [Record No. 18] is GRANTED. Alexander F. Edmondson & Jason Vincent Reed of Edmondson & Associates, Christopher Scott Nordloh of Nordloh Law Ofc, PLLC, & Gary Mason of The Mason Law Firm, shall be withdrawn as counsel of record for the Plas. The Clerk is directed to remove the above-named attys from the dkt as counsel for Plas. Signed by Judge Danny C. Reeves on 10/1/2008. (AKR)cc: COR |
Attorney Update. Attorney Christopher Scott Nordloh; Jason Vincent Reed; Alexander F. Edmondson and Gary E. Mason terminated as counsel for Plas. (AKR) |
Filing 18 MOTION to Withdraw as Attorney by Franklin County, Kentucky (Attachments: #1 Proposed Order, #2 Exhibit Consent to Withdrawal)(Reed, Jason) |
Filing 17 ORDER: the Plaintiff shall have an extension of time through & including October 2, 2008, to file a response to Dfts' mtn to strike class allegations, & Dfts' supplemental memo in suppt of mtn to strike class allegations. (Response due by 10/2/2008). Signed by Judge Danny C. Reeves on 9/29/2008.(AKR)cc: COR |
Filing 16 Proposed Agreed Order/Stipulation Extending Plaintiff's Time to Respond by Franklin County, Kentucky. (Reed, Jason) |
***FILE SUBMITTED TO CHAMBERS of Judge Reeves for review: #16 Proposed Agreed Order/Stipulation extending Plaintiff's time to respond. (AKR) |
Filing 15 MOTION for Leave by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, LM Insurance Co., Indiana Insurance Co., Liberty Mutual Insurance Co., Netherlands Insurance Co. to Supplement Motion to Strike Class Allegations (Attachments: #1 Memorandum in Support, #2 Exhibit A - Document 384/2:06cv141, #3 Proposed Order)(Miller, Donald) |
Filing 14 MOTION to Dismiss for failure to exhaust administrative remedies, or, Alternatively, MOTION to Strike Class Allegations by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mutual Insurance Co., Netherlands Insurance Co. "Filed pursuant to QC re: #13 ". (Attachments: #1 Memorandum in Support, #2 Exhibit A - Wildasin Report, #3 Exhibit B - KOI Advisory Opinion, #4 Exhibit C - Chapter 492, #5 Exhibit D - Farmers case, #6 Exhibit E - Richardson case, #7 Exhibit F - Azar case, #8 Exhibit G - HB 524, #9 Exhibit H - Gann case, #10 Exhibit I - Roach corresp., #11 Exhibit J - Bledsoe case, #12 Proposed Order 1 - dismissing, #13 Proposed Order 2 - striking class allegations)(AKR) |
Filing 13 "INCORRECTLY FILED" MOTION to Dismiss by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mutual Insurance Co., Netherlands Insurance Co. for Failure to Exhaust Administrative Remedies or, Alternatively to Strike Class Allegations (Attachments: #1 Memorandum in Support, #2 Exhibit A - Wildasin Report, #3 Exhibit B - KOI Advisory Opinion, #4 Exhibit C - Chapter 492, #5 Exhibit D - Farmers case, #6 Exhibit E - Richardson case, #7 Exhibit F - Azar case, #8 Exhibit G - HB 524, #9 Exhibit H - Gann case, #10 Exhibit I - Roach corresp., #11 Exhibit J - Bledsoe case, #12 Proposed Order 1, #13 Memorandum in Support 2)(Miller, Donald) Modified by adding text "Incorrectly Filed" on 9/10/2008 (AKR). |
NOTICE OF DOCKET MODIFICATION TO Donald Miller re #13 MOTION to Dismiss by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty M ; ERROR: This motion requests 2 forms of relief. The attorney only selected 1 motion relief; Entry by attorney; CORRECTION: Clerk has re-filed the pleading choosing both forms of relief requested at #14 . In the future, when filing a motion with multiple reliefs, attorney should select a motion relief for each motion to allow all motions to appear on the Judge's motion report; No further action required by counsel. cc: COR (AKR) |
Filing 12 ORDER: that the motion [Record No. 11] is GRANTED. Gary E. Mason is permitted to appear in action as counsel for Plaintiff. His appearance shall be effective as of date of this Order. Signed by Judge Danny C. Reeves on 8/25/2008. (AKR)cc: COR |
Filing 11 MOTION for Gary E. Mason to Appear Pro Hac Vice by Franklin County, Kentucky ( Filing fee $65; receipt number 1287018) (Attachments: #1 Declaration of Gary E. Mason, #2 Proposed Order)(Mason, Gary) |
BAR STATUS Check completed as to Gary E. Mason re #11 MOTION for Gary E. Mason to Appear Pro Hac Vice by Franklin County, Kentucky ( Filing fee $65; receipt number 1287018). (AKR) |
***MOTION SUBMITTED TO CHAMBERS of Judge Reeves for review: #11 MOTION for Gary E. Mason to Appear Pro Hac Vice by Franklin County, Kentucky ( Filing fee $65; receipt number 1287018). (AKR) |
Filing 10 NOTICE TO ATTORNEY Gary E. Mason by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application. (Attachments: #1 Attorney Data Information Form)(AKR) |
NOTICE OF FEE REFUND APPROVED re #7 Request for Fee Refund; the fee transaction involving Receipt No. 1280907 having been erroneously paid, the Clerk APPROVES the refund by processing a credit through the electronic credit card system. The credit refund transaction in the amount of $ 65.00 was successfully completed on 08/19/2008 at 8:22:39 am. cc: COR (AKR) |
Filing 9 NOTICE OF MANDATORY ECF DIRECTED TO David H. Abney, II, a non-registered attorney re #8 Order on Motion to Appear Pro Hac Vice 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, David H. Abney w/ECF Registration Form (AKR) |
Filing 8 ORDER: that the motion [Record No. 6] is GRANTED. Roger L. Eckelberry is permitted to appear for Dfts in this action. His appearance shall be effective as of the date of this Order. Signed by Judge Danny C. Reeves on 8/15/2008. (AKR)cc: COR |
Filing 7 REQUEST FOR FEE REFUND TO CREDIT CARD by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mutual Insurance Co., Netherlands Insurance Co. re #6 MOTION for Rodger L. Eckelberry to Appear Pro Hac Vice by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance. (Attachments: #1 Receipt)(Eckelberry, Rodger) |
Filing 6 MOTION for Rodger L. Eckelberry to Appear Pro Hac Vice by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mutual Insurance Co., Netherlands Insurance Co. ( Filing fee $65; receipt number 1280950) (Attachments: #1 Exhibit Declaration of Rodger L. Eckelberry, #2 Proposed Order)(Eckelberry, Rodger) |
Filing 5 NOTICE OF FILING by Franklin County, Kentucky re #3 NOTICE OF APPEARANCE Certificate of Service (Reed, Jason) |
Filing 4 NOTICE OF APPEARANCE by Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mutual Insurance Co., Netherlands Insurance Co.. (Miller, Donald) |
NOTICE OF DEFICIENCY TO Jason Reed re #3 NOTICE OF APPEARANCE; attorney failed to provide a certificate of service with pleading. Attorney advised that each pleading must have a certificate of service. Within 3 business days, the attorney shall prepare a pleading entitled "Notice of Filing" (with a certificate of service), file the Notice using the event "Notice of Filing," attach the certificate of service, and create a link to the related docket entry. cc: COR (AKR) |
Attorney Update. Attorney Maureen P. Taylor for Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mutual Insurance Co. and Netherlands Insurance Co., Rodger L. Eckelberry for Ohio Casualty Insurance Co., West American Insurance Company, Wausau Underwriters Insurance Company, Liberty Mutual Fire Insurance Company, American Fire & Casualty Insurance Co., LM Insurance Co., Indiana Insurance Co., Liberty Mutual Insurance Co. and Netherlands Insurance Co. added. (AKR) |
Attorney Update. Attorney Alexander F. Edmondson for Franklin County, Kentucky, Gary E. Mason for Franklin County, Kentucky, Ricky E. Sparks for Franklin County, Kentucky, Christopher Scott Nordloh for Franklin County, Kentucky added. (CBD) |
Filing 3 NOTICE OF APPEARANCE by Franklin County, Kentucky. (Reed, Jason) (Additional attachment(s) added on 8/18/2008: #1 Certificate of Service) (AKR). |
Filing 2 NOTICE OF FILING by Franklin County, Kentucky Notice and Request for Waiver to All Defendants (Attachments: #1 Notice and Request: American Fire & Casualty, #2 Notice and Request: Indiana, #3 Notice and Request: Liberty Mutual, #4 Notice and Request: LM Insurance, #5 Notice and Request: Netherlands, #6 Notice and Request: Ohio Casualty, #7 Notice and Request: Wausau Underwriters, #8 Notice and Request: West American)(Thompson, Kyle) |
Conflict Check run. (AKR) |
Filing 1 CLASS ACTION COMPLAINT with JURY DEMAND ( Filing fee $350; receipt number 1254301), filed by Franklin County, Kentucky. (Attachments: #1 Civil Cover Sheet, #2 Case Assignment)(AKR) |
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