National Pastime Sports, LLC seeks a declaratory judgment that New Hampshire Insurance Company must indemnify and defend Plaintiff and the Cleveland Indians in a personal injury lawsuit filed against Plaintiff because of injuries caused when an inflatable slide tipped over during a Kid's Fun Day on June 12, 2010.
National Pastime Sports, LLC |
CSI Insurance Group and New Hampshire Insurance Company |
CLEVELAND INDIANS Baseball Company, Inc. |
New Hampshire Insurance Company |
New Hampshire Insurance Company |
National Pastime Sports, LLC |
2:2011cv11378 |
April 1, 2011 |
US District Court for the Eastern District of Michigan |
Detroit Office |
Oakland |
Sean F. Cox |
Mona K. Majzoub |
Insurance |
28 U.S.C. § 1332 |
Defendant |
This docket was last retrieved on May 16, 2012. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 70 CERTIFICATE OF SERVICE re 68 Notice of Appeal,. (DPer) |
Filing 69 CERTIFICATE OF SERVICE re 67 Notice of Appeal. (DPer) |
Filing 68 NOTICE OF APPEAL by CLEVELAND INDIANS Baseball Company, Inc. re 66 Judgment, 49 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, 62 Order on Motion for Reconsideration. Receipt No: 0645-3514734 - Fee: $ 455 - Fee Status: Fee Paid. (Thomas, Michelle) |
Filing 67 NOTICE OF APPEAL by National Pastime Sports, LLC re 65 Order, 66 Judgment. Receipt No: 0645-3514087 - Fee: $ 455 - Fee Status: Fee Paid. (Burdett, Howard) |
Filing 66 JUDGMENT Signed by District Judge Sean F. Cox. (JHer) |
Filing 65 AMENDED ORDER GRANTING 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 filed by New Hampshire Insurance Company. Signed by District Judge Sean F. Cox. (JHer) |
Filing 64 ORDER REFERRING CASE to Mediation. Signed by District Judge Sean F. Cox. (JHer) |
Filing 63 OPINION AND ORDER granting 39 Motion for Summary Judgment. Signed by District Judge Sean F. Cox. (JHer) |
Minute Entry - Motion Hearing held on 4/5/2012 re 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 filed by New Hampshire Insurance Company before District Judge Sean F. Cox. Disposition: Taken Under Advisement (Court Reporter Rene Twedt) (JHer) |
Filing 62 ORDER denying 50 Motion for Reconsideration. Signed by District Judge Sean F. Cox. (JHer) |
Filing 61 STIPULATION AND ORDER Dismissing Defendant CSI Insurance Group. Signed by District Judge Sean F. Cox. (JHer) |
Filing 60 RESPONSE to 50 MOTION for Reconsideration re 49 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment MOTION for Reconsideration re 49 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment MOTION for Reconsideration re 49 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment MOTION for Reconsideration re 49 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment filed by CSI Insurance Group. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Bingham v. Bank of America, # 3 Exhibit 2 - Petfreedom.com, LLC v. Net Generation, Inc., # 4 Exhibit 3 - Matz v. Northwest Airlines) (Anderson, David) |
Filing 59 ORDER REQUIRING RESPONSIVE PLEADING to 50 MOTION for Reconsideration re 49 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment ( Responses due by 2/24/2012) Signed by District Judge Sean F. Cox. (JHer) |
Reset Deadlines/Hearings as to 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 Motion Hearing reset for 4/5/2012 03:00 PM before District Judge Sean F. Cox (JHer) |
Filing 58 ORDER Compelling Discovery re 57 Stipulation filed by CSI Insurance Group. Signed by District Judge Sean F. Cox. (JHer) |
Filing 57 STIPULATION Compelling Discovery from Plaintiff by CSI Insurance Group (Anderson, David) |
Reset Deadlines as to 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56. Motion Hearing reset for 2/16/2012 03:00 PM before District Judge Sean F. Cox (JHer) |
Filing 56 WITNESS LIST by National Pastime Sports, LLC (Burdett, Howard) |
Filing 55 WITNESS LIST by New Hampshire Insurance Company (Wilinski, Nicole) |
Filing 54 Lay WITNESS LIST by CSI Insurance Group (Anderson, David) |
Filing 53 WITNESS LIST by CLEVELAND INDIANS Baseball Company, Inc. (DeGrood, George) |
Filing 52 Expert WITNESS LIST by New Hampshire Insurance Company (Wilinski, Nicole) |
Filing 51 Expert WITNESS LIST by CSI Insurance Group (Anderson, David) |
Filing 50 MOTION for Reconsideration re 49 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment by CLEVELAND INDIANS Baseball Company, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Production Agreement, # 3 Exhibit B - Annual Events Application, # 4 Exhibit C - Correspondence from NHI Claims Admin, # 5 Exhibit D - Certificate of Insurance, # 6 Exhibit E - Affidavit of Francine Sommers, # 7 Exhibit F - Copies of E-Mails dated 6/22/10, # 8 Exhibit G - Case of Williams v Polgar, # 9 Exhibit H - Case of Stockler v Rose, # 10 Exhibit I - Case of Alfieri v Bertorelli, # 11 Exhibit Case of Mich. Tooling v Farmington Ins. Agency, # 12 Exhibit K - Proposed First Amended Fourth-Party Complaint) (DeGrood, George) |
Filing 49 OPINION AND ORDER dismissing 28 Motion for Summary Judgment; denying as moot 45 Motion for Partial Summary Judgment. Signed by District Judge Sean F. Cox. (JHer) |
Filing 48 Expert WITNESS LIST by CLEVELAND INDIANS Baseball Company, Inc. (DeGrood, George) |
Filing 47 RESPONSE to 45 MOTION for Partial Summary Judgment filed by CSI Insurance Group. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Commerical Lines Policy, # 3 Exhibit 2 - Additional Insured Endorsement, # 4 Exhibit 3 - Certificate of Insurance, # 5 Exhibit 4 - August 11, 2010 Letter from York Specialized Adjusting, # 6 Exhibit 5 - Endorsement Form 100456 3 09, # 7 Exhibit 6 - Endorsement Form 100462 3 09, # 8 Exhibit 7 - Belfour USA Group, Inc. v. Alexis Manor Apartments, # 9 Exhibit 8 - Parry v. Cairns, # 10 Exhibit 9 - Nokielski v. Colton) (Anderson, David) |
Set Deadlines as to 28 MOTION for Summary Judgment of Cleveland Indians Baseball Company, Inc.'s "Fourth Party Complaint". Motion Hearing set for 11/3/2011 02:30 PM (TIME CHANGE) before District Judge Sean F. Cox (JHer) |
Minute Entry - Motion Hearing held on 11/3/2011 re 28 MOTION for Summary Judgment of Cleveland Indians Baseball Company, Inc.'s "Fourth Party Complaint" filed by CSI Insurance Group before District Judge Sean F. Cox. Disposition: Taken Under Advisement (Court Reporter Marie Metcalf) (JHer) |
Filing 46 NOTICE of hearing on 45 MOTION for Partial Summary Judgment, 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 Motion Hearing set for 1/12/2012 04:00 PM before District Judge Sean F. Cox (JHer) |
Filing 45 MOTION for Partial Summary Judgment by CLEVELAND INDIANS Baseball Company, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Production Agreement, # 3 Exhibit B - Application, # 4 Exhibit C - Correspondence dated 8/10/11 from NHI, # 5 Exhibit D - Certificate of Insurance, # 6 Exhibit E - Affidavit of Francine Sommers) (DeGrood, George) |
Filing 44 REPLY to Response re 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 filed by New Hampshire Insurance Company. (Gerish, Jeffrey) |
Filing 43 RESPONSE to 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 filed by CLEVELAND INDIANS Baseball Company, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Plaintiff's Complaint, # 3 Exhibit 2 - Affidavit of Francine Sommers) (Thomas, Michelle) |
Filing 42 NOTICE of Appearance by Michelle A. Thomas on behalf of CLEVELAND INDIANS Baseball Company, Inc.. (Thomas, Michelle) |
Filing 41 RESPONSE to 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 filed by National Pastime Sports, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Ohio Lawsuit, # 3 Exhibit B - Insurance Policy, # 4 Exhibit C - Lavdas unpublished opinion, # 5 Exhibit D - Weber unpublished opinion, # 6 Exhibit E - Wixon unpublished opinion) (Burdett, Howard) |
Filing 40 NOTICE of hearing on 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56. Motion Hearing set for 11/3/2011 03:00 PM before District Judge Sean F. Cox (JHer) |
Filing 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 by New Hampshire Insurance Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-CGL Policy, # 3 Exhibit B-Underlying Complaint, # 4 Exhibit C-City of South Lyon v. DeMaria Building Co., # 5 Exhibit D-Karkoukli's Inc. v. Walgreen Co., # 6 Exhibit E-Jackimowicz v. Citizens Ins. Co. of America) (Gerish, Jeffrey) |
Filing 38 SCHEDULING ORDER: Discovery due by 1/31/2012 Motion Cut-off set for 3/2/2012 Final Pretrial Conference set for 7/16/2012 02:00 PM before District Judge Sean F. Cox Trailing Trial Docket set for September/October 2012 Signed by District Judge Sean F. Cox. (Refer to image for additional dates) (JHer) |
Minute Entry - Scheduling Conference held on 8/16/2011 before District Judge Sean F. Cox. (JHer) |
Filing 37 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Burdett, Howard) |
Filing 36 REPLY to Response re 28 MOTION for Summary Judgment of Cleveland Indians Baseball Company, Inc.'s "Fourth Party Complaint" filed by CSI Insurance Group. (Anderson, David) |
Filing 35 RESPONSE to 31 Answer to Counterclaim Affirmative and Avoidance Defenses by CLEVELAND INDIANS Baseball Company, Inc.. (DeGrood, George) |
Filing 34 RESPONSE to 28 MOTION for Summary Judgment of Cleveland Indians Baseball Company, Inc.'s "Fourth Party Complaint" filed by CLEVELAND INDIANS Baseball Company, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Production Agreement, # 3 Exhibit B - Annual Events Application, # 4 Exhibit C - Correspondence dated 8/11/10, # 5 Exhibit D - Certificate of Insurance, # 6 Exhibit E - Affidavit of Francine Sommers, # 7 Exhibit F - CSI emails dated 6/22/10) (DeGrood, George) |
Filing 33 NOTICE of Error re 30 Response to Motion. (TMcg) |
Filing 32 NOTICE of hearing on 28 MOTION for Summary Judgment of Cleveland Indians Baseball Company, Inc.'s "Fourth Party Complaint". Motion Hearing set for 11/3/2011 03:00 PM before District Judge Sean F. Cox. (JHer) |
Filing 31 ANSWER to Counterclaim with Affirmative Defenses and Avoidance Defenses by New Hampshire Insurance Company. (Gerish, Jeffrey) |
Filing 30 [STRICKEN] RESPONSE to 28 MOTION for Summary Judgment of Cleveland Indians Baseball Company, Inc.'s "Fourth Party Complaint" filed by CLEVELAND INDIANS Baseball Company, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Production Agreement, # 3 Exhibit B - Annual Events Application, # 4 Exhibit C - Correspondence dated 8/11/10, # 5 Exhibit D - Certificate of Insurance, # 6 Exhibit E - Affidavit of Francine Sommers, # 7 Exhibit F - CSI e-mails dated 6/22/10) (DeGrood, George) Modified on 7/21/2011 (TMcg). |
Filing 29 NOTICE TO APPEAR: Scheduling Conference set for 8/16/2011 02:30 PM before District Judge Sean F. Cox (TKat) |
Filing 28 MOTION for Summary Judgment of Cleveland Indians Baseball Company, Inc.'s "Fourth Party Complaint" by CSI Insurance Group. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - National Pastime Sports, LLC's Commercial Lines Policy, # 3 Exhibit 2 - National Pastime Sports, LLC's Additional Insured Endorsements, # 4 Exhibit 3 - National Pastime Sports, LLC's Certificate of Insurance, # 5 Exhibit 4 - August 11, 2011 Letter from York Specialized Adjusting, # 6 Exhibit 5 - National Pastime Sports, LLC's Endorsement Form 100456 3 09, # 7 Exhibit 6 - National Pastime Sports, LLC's Endorsement Form 100462 3 09, # 8 Exhibit 7 - Belfour USA Group, Inc. v. Alexis Manor Apartments, # 9 Exhibit 8 - Parry v. Cairns, # 10 Exhibit 9 - Nokielski v Colton) (Anderson, David) |
Filing 27 STIPULATION AND ORDER Extending Time for Defendant CSI to Respond re 25 Third Party Complaint. Responsive pleading due 7/15/2011. Signed by District Judge Sean F. Cox. (JHer) |
Filing 26 STIPULATION AND ORDER Extending time for Defendant NHIC to respond re 24 Counterclaim. Responsive pleading due 7/15/2011. Signed by District Judge Sean F. Cox. (JHer) |
Filing 25 THIRD PARTY COMPLAINT filed by CLEVELAND INDIANS Baseball Company, Inc. against CSI Insurance Group (DeGrood, George) |
Filing 24 COUNTERCLAIM filed by CLEVELAND INDIANS Baseball Company, Inc. against New Hampshire Insurance Company (DeGrood, George) |
Filing 23 ANSWER to Third Party Complaint with Affirmative Defenses by CLEVELAND INDIANS Baseball Company, Inc.. (DeGrood, George) |
Filing 22 NOTICE of Appearance by George M. DeGrood, III on behalf of CLEVELAND INDIANS Baseball Company, Inc.. (DeGrood, George) |
Filing 21 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by CSI Insurance Group (Anderson, David) |
TEXT-ONLY ORDER Vacating 13 Order to Show Cause. Signed by District Judge Sean F. Cox. (JHer) |
Filing 20 ANSWER to Crossclaim with Affirmative Defenses by National Pastime Sports, LLC. (Burdett, Howard) |
Filing 19 MOTION re 8 Answer to Complaint, Third Party Complaint, Crossclaim,,, by New Hampshire Insurance Company. (Attachments: # 1 Exhibit B - Correct copy of Underlying Complaint) (Wilinski, Nicole) |
Filing 18 INDEX of Exhibits re 8 Answer to Complaint, Third Party Complaint, Crossclaim,,, by New Hampshire Insurance Company (Attachments: # 1 Exhibit Policy, # 2 Exhibit Underlying Complaint) (Wilinski, Nicole) [EXHIBIT B REMOVED PURSUANT TO 5/23/2011 ORDER ] Modified on 5/23/2011 (JHer). |
TEXT-ONLY ORDER Removing Exhibit B from Docket Entry 18 and Allowing the Refiling of the Exhibit re 19 MOTION re 8 Answer to Complaint, Third Party Complaint, Crossclaim filed by New Hampshire Insurance Company. Signed by District Judge Sean F. Cox. (JHer) |
Filing 17 RESPONSE to 13 Order to Show Cause by National Pastime Sports, LLC. (Attachments: # 1 Exhibit A - Affidavit of David Martin) (Burdett, Howard) |
Filing 16 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by National Pastime Sports, LLC (Burdett, Howard) |
Filing 15 CERTIFICATE of Service/Summons Returned Executed. CLEVELAND INDIANS Baseball Company, Inc. served on 5/9/2011, answer due 5/31/2011. (Wilinski, Nicole) |
Filing 14 CERTIFICATE of Service/Summons Returned Executed. New Hampshire Insurance Company served on 5/9/2011, answer due 5/31/2011. (Wilinski, Nicole) |
Filing 13 ORDER for National Pastime Sports, LLC to Show Cause why this Case should not be Dismissed for Lack of Subject Matter Jurisdiction. Show Cause Response due by 5/20/2011 Signed by District Judge Sean F. Cox. (JHer) |
Filing 12 THIRD-PARTY SUMMONS Issued for *CLEVELAND INDIANS Baseball Company, Inc.* (PPau) |
Filing 11 ANSWER to Complaint with Affirmative Defenses with Jury Demand by CSI Insurance Group. (Anderson, David) |
Filing 10 CERTIFICATE OF SERVICE re 8 Answer to Complaint, Third Party Complaint, Crossclaim,,, by New Hampshire Insurance Company Amended (Wilinski, Nicole) |
Filing 9 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by New Hampshire Insurance Company identifying Other Affiliate American International Group, Inc., Other Affiliate Chartis U.S., Inc., Other Affiliate AIUH LLC, Other Affiliate Chartis, Inc. for New Hampshire Insurance Company. (Wilinski, Nicole) |
Filing 8 ANSWER to Complaint with Affirmative Defenses, THIRD PARTY COMPLAINT filed by New Hampshire Insurance Company against CLEVELAND INDIANS Baseball Company, Inc., CROSSCLAIM filed by New Hampshire Insurance Company against National Pastime Sports, LLC by New Hampshire Insurance Company. (Wilinski, Nicole) |
REQUEST for THIRD-PARTY SUMMONS for CLEVELAND INDIANS Baseball Company, Inc.. (Wilinski, Nicole) |
Filing 7 NOTICE of Appearance by David C. Anderson on behalf of CSI Insurance Group. (Anderson, David) |
Filing 6 STIPULATION AND ORDER Extending Time for Defendant New Hampshire Insurance Company to Respond re 1 Complaint. Responsive pleading due 5/3/2011. Signed by District Judge Sean F. Cox. (JHer) |
Filing 5 NOTICE of Appearance by Jeffrey C. Gerish on behalf of New Hampshire Insurance Company. (Gerish, Jeffrey) |
Filing 4 NOTICE of Appearance by Nicole E. Wilinski on behalf of New Hampshire Insurance Company. (Wilinski, Nicole) |
Filing 3 SUMMONS Issued for *New Hampshire Insurance Company* (BSoc) |
Filing 2 SUMMONS Issued for *CSI Insurance Group* (BSoc) |
Filing 1 COMPLAINT filed by National Pastime Sports, LLC against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-2915067 - Fee: $ 350. County of 1st Plaintiff: Oakland County, Michigan - County Where Action Arose: Oakland County, Michigan - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Insurance Application, # 3 Exhibit B - Insurance Quote, # 4 Exhibit C- Insurance Policy, # 5 Exhibit D - Ohio Lawsuit, # 6 Exhibit E - 6.22.10 E-mail, # 7 Exhibit F - 6.24.10 Letter, # 8 Exhibit G - 6.29.10 Letter, # 9 Exhibit H - 8.11.10 Letter, # 10 Exhibit I - 8.23.10 Letter) (Burdett, Howard) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Michigan Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.