Mitchell v. Foremost Insurance Company Grand Rapids Michigan
| Ethel Mitchell |
| Foremost Insurance Company Grand Rapids Michigan |
| Hurricane Ida Program Administrator |
| 3:2024cv00036 |
| January 19, 2024 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Scott D Johnson |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.
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Filing 32
SCHEDULING ORDER: The scheduling conference presently set for March 14, 2024, is CANCELED. In accordance with FRCP 16(b), the following discovery deadlines are established. Amended Pleadings due by 4/1/2024. Discovery due by 10/1/2024. Plaintiff's Expert Witness List due by 12/2/2024. Defendant's Expert Witness List due by 1/2/2025. Plaintiff's Expert Reports due by 1/2/2025. Defendant's Expert Reports due by 2/3/2025. Discovery from Experts due by 4/2/2025. Motions shall be filed by 6/2/2025. Proposed Pretrial Order due by 12/9/2025. Pretrial Conference set for 12/23/2025 at 02:00 PM in chambers before Chief Judge Shelly D. Dick. Motions In Limine shall be filed by 12/15/2025. Affidavit of Settlement Efforts due by 11/24/2025. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 12/29/2025. Jury Trial set for 1/5/2026 - 1/8/2026 at 09:00 AM in Courtroom 3 before Chief Judge Shelly D. Dick. Signed by Magistrate Judge Scott D. Johnson on 3/8/2024. (KAH)
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Filing 31
CASE MANAGEMENT ORDER No. 1: The Court hereby approves this Case Management Order to set forth procedures to facilitate efficient resolution of these matters through the establishment of a streamlined settlement conference and mediation protocol (the SSP). Signed by Chief Judge Shelly D. Dick on 02/27/2024. (Litchfield, Michael)
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| Filing 30 Joint STATUS REPORT by Ethel Mitchell. (Kothari, Nishi) |
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Filing 29
SCHEDULING CONFERENCE ORDER: Telephone Scheduling Conference set for 3/14/2024 at 03:30 PM before Magistrate Judge Scott D. Johnson. Status Report due by 2/22/2024. Signed by Magistrate Judge Scott D. Johnson on 1/26/2024. (KAH)
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| Filing 28 Case transferred in from the Louisiana Eastern; Case Number 2:22-cv-03741. Original file certified copy of transfer order and docket sheet received. |
| Case assigned to Chief Judge Shelly D. Dick and Magistrate Judge Scott D. Johnson. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EDC) |
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Filing 27
ORDER: IT IS ORDERED that pursuant to Federal Rule of Civil Procedure 12(b)(3) and 28 U.S.C. 1404(a), this matter is TRANSFERRED to the United States Court for the Middle District of Louisiana. Signed by Judge Susie Morgan on 1/18/2024.(pp) [Transferred from Louisiana Eastern on 1/19/2024.]
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| Filing 26 PRELIMINARY CONFERENCE NOTICE - Scheduling Conference set for 1/17/2024 at 9:30 AM before case manager by telephone. Signed by Clerk.(bwn) (Main Document 26 replaced on 12/26/2023) (bwn). [Transferred from Louisiana Eastern on 1/19/2024.] |
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Filing 25
ORDER NO. 13 CERTIFYING CASES TO BE RETURNED TO THE DOCKET: Pursuant to Sections 3.D and E of CMO No. 1. in this matter, the undersigned hereby certifies that the parties in the case listed below have complied with the requirements of the Streamlined Settlement Program and have not resolved their respective cases. Accordingly, the stay in this matter is hereby lifted and the Clerk is directed to return the case to the docket of the presiding District Judge so that it can be set for a scheduling conference. The Clerk is further directed to notify the case manager of each affected District Judge of this filing. Signed by Magistrate Judge Michael North on 12/20/2023 (NEF sec E).(cs) [Transferred from Louisiana Eastern on 1/19/2024.]
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| Filing 24 HURRICANE IDA CLAIMS Fourth Amendment to CMO No. 1. Signed by Chief Judge Nannette Jolivette Brown on 12/12/2023.(lag) [Transferred from Louisiana Eastern on 1/19/2024.] |
| Filing 23 Amended Exhibit A to Hurricane Ida Case Management Order. (lag) [Transferred from Louisiana Eastern on 1/19/2024.] |
| Filing 22 HURRICANE IDA CLAIMS Third Amendment to CMO No. 1. Signed by Chief Judge Nannette Jolivette Brown on 09/14/2023.(lag) [Transferred from Louisiana Eastern on 1/19/2024.] |
| Filing 21 HURRICANE IDA CLAIMS Second Amendment to CMO No. 1. Signed by Chief Judge Nannette Jolivette Brown on 09/12/2023.(lag) [Transferred from Louisiana Eastern on 1/19/2024.] |
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Filing 20
ORDER DENYING #19 Motion to Enroll as Additional Counsel of Record. Signed by Judge Susie Morgan on 3/3/2023. (pp) [Transferred from Louisiana Eastern on 1/19/2024.]
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| Filing 19 EXPARTE/CONSENT Motion to Enroll as Additional Counsel of Record by Ethel Mitchell. (Attachments: #1 Proposed Order)(Kothari, Nishi) Modified text on 2/16/2023 (pp). [Transferred from Louisiana Eastern on 1/19/2024.] |
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Filing 18
CONSENT JUDGMENT: IT IS ORDERED that this matter shall be governed by SSP and CMO #1 issued for litigation arising out of Hurricane Ida through formal mediation as dictated by CMO #1; IT IS FURTHER ORDERED that the pending #12 Motion to Opt-Out of CMO #1 is DENIED AS MOOT. Signed by Judge Susie Morgan on 1/3/2023.(pp) [Transferred from Louisiana Eastern on 1/19/2024.]
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Filing 17
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Janis van Meerveld. Magistrate Judge Dana Douglas no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on 12/22/2022. (Attachments: #1 12/20/22 Order, #2 Case List)(lag) [Transferred from Louisiana Eastern on 1/19/2024.]
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| Filing 16 Proposed Consent Judgment by Foremost Insurance Company Grand Rapids, Michigan (Bargas, Valerie) Modified text on 12/28/2022 (pp). [Transferred from Louisiana Eastern on 1/19/2024.] |
| Filing 15 Minute Entry for proceedings held before Judge Susie Morgan: Telephone Status Conference held on 12/21/2022. The parties discussed the status of the case. (pp) [Transferred from Louisiana Eastern on 1/19/2024.] |
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Filing 14
ORDER: IT IS ORDERED that a telephone status conference in the above matter is hereby SET for Wednesday, December 21, 2022, at 2:00 p.m., as stated herein. Signed by Judge Susie Morgan on 12/14/2022.(am) [Transferred from Louisiana Eastern on 1/19/2024.]
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Filing 13
ORDER that the Motion to Opt Out of the Streamline Settlement Process #12 is SET FOR SUBMISSION on 1/4/2023. Any memorandum in opposition shall be filed in accordance with the Local Rules of this Court. Signed by Magistrate Judge Dana Douglas on 12/9/2022.(caa) [Transferred from Louisiana Eastern on 1/19/2024.]
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| Filing 12 EXPARTE/CONSENT MOTION Opt Out of SSP and CMO 1 by Foremost Insurance Company Grand Rapids, Michigan. Motion(s) referred to Dana Douglas. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Bargas, Valerie) [Transferred from Louisiana Eastern on 1/19/2024.] |
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Filing 11
ORDER: IT IS ORDERED that the #10 Motion to Dismiss, or alternatively, Motion to Transfer Case is DENIED WITHOUT PREJUDICE on the basis of prematurity. Signed by Judge Susie Morgan on 11/29/2022. (pp) [Transferred from Louisiana Eastern on 1/19/2024.]
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| Filing 10 MOTION to Dismiss Case pursuant to 12(b)(3), Or Alternatively MOTION to Transfer Case by Foremost Insurance Company Grand Rapids, Michigan. Motion(s) will be submitted on 12/21/2022. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Bargas, Valerie) [Transferred from Louisiana Eastern on 1/19/2024.] |
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Filing 9
HURRICANE IDA CLAIMS - AMENDED CASE MANAGEMENT ORDER NO. 1 with exhibits. Signed by Chief Judge Nannette Jolivette Brown on 10/25/22.(lag) [Transferred from Louisiana Eastern on 1/19/2024.]
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Filing 8
ORDER granting #6 Motion for Extension of Time to Answer re #1 Complaint, as to Foremost Insurance Company Grand Rapids, Michigan answer due 11/23/2022. Signed by Judge Susie Morgan on 10/24/2022. (my) [Transferred from Louisiana Eastern on 1/19/2024.]
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| Filing 7 Statement of Corporate Disclosure by Foremost Insurance Company Grand Rapids, Michigan identifying Corporate Parent Farmers Insurance Exchange, Corporate Parent Foremost Corporation of America for Foremost Insurance Company Grand Rapids, Michigan (Bargas, Valerie) [Transferred from Louisiana Eastern on 1/19/2024.] |
| Filing 6 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Complaint, by Foremost Insurance Company Grand Rapids, Michigan. (Attachments: #1 Proposed Order on Unopposed Ex Parte Motion for Extension of Time)Attorney Valerie Briggs Bargas added to party Foremost Insurance Company Grand Rapids, Michigan(pty:dft).(Bargas, Valerie) [Transferred from Louisiana Eastern on 1/19/2024.] |
| Filing 5 SUMMONS Returned Executed; Foremost Insurance Company Grand Rapids, Michigan served on 10/12/2022, answer due 11/2/2022. (Muckleroy, Joseph) [Transferred from Louisiana Eastern on 1/19/2024.] |
| Filing 4 Summons Issued as to Foremost Insurance Company Grand Rapids Michigan. (cs) [Transferred from Louisiana Eastern on 1/19/2024.] |
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Filing 3
HURRICANE IDA CLAIMS - CASE MANAGEMENT ORDER NO. 1. Signed by Chief Judge Nannette Jolivette Brown on 08/26/2022.(cs) [Transferred from Louisiana Eastern on 1/19/2024.]
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| Filing 2 Initial Case Assignment to Judge Susie Morgan and Magistrate Judge Dana Douglas. (mb) [Transferred from Louisiana Eastern on 1/19/2024.] |
| Filing 1 COMPLAINT with jury demand against Foremost Insurance Company Grand Rapids Michigan (Filing fee $ 402 receipt number ALAEDC-9592673) filed by Ethel Mitchell. (Attachments: #1 Summons, #2 Civil Cover Sheet)Attorney Joseph Azor Muckleroy added to party Ethel Mitchell(pty:pla).(Muckleroy, Joseph) [Transferred from Louisiana Eastern on 1/19/2024.] |
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