Mitchum v. State Farm Mutual Automobile Insurance Company
| Joshua Mitchum |
| State Farm Mutual Automobile Insurance Company |
| 5:2023cv11440 |
| June 19, 2023 |
| US District Court for the Eastern District of Michigan |
| Judith E Levy |
| Anthony P Patti |
| Insurance |
| 12 U.S.C. ยง 635 Breach of Insurance Contract |
| Defendant |
Docket Report
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Filing 13
ORDER denying #8 Motion for Temporary Restraining Order and Preliminary Injunction. Signed by District Judge Judith E. Levy. (WBar)
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| Minute Entry for in-person proceedings before District Judge Judith E. Levy: Motion Hearing held on 7/26/2023 re #8 MOTION for Temporary Restraining Order and Preliminary Injunction regarding Plaintiff's Attendant Care; Disposition: Motion denied (Court Reporter: Jeseca Eddington) (WBar) |
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TEXT-ONLY ORDER: The parties are ordered to review Fed. R. Civ. Proc. Rule 26(f) and FILE a Joint Discovery Plan with the Court in accordance with Fed. R. Civ. Proc. Rule 26(f)(3), on or before 8/23/2023. The Court will review the plan and determine whether to set a scheduling conference or enter a scheduling order based upon the filed plan. Signed by District Judge Judith E. Levy. (WBar)
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| Filing 12 OBJECTION to #11 Reply to Response to Motion,, by State Farm Mutual Automobile Insurance Company. (Wiener, Jordan) |
| Filing 11 REPLY to Response re #8 MOTION for Temporary Restraining Order and Preliminary Injunction regarding Plaintiff's Attendant Care filed by Joshua Mitchum. (Attachments: #1 Index of Exhibits, #2 Exhibit A- 2012 Release, #3 Exhibit B- Prescriptions, #4 Exhibit C- 2015 Release, #5 Exhibit D- Rainbow Records, #6 Exhibit E- Correspondence 1/20/2021, #7 Exhibit F- Correspondence 5/17/2021, #8 Exhibit G- Check 6/22/2021, #9 Exhibit H- Check 8/17/2021, #10 Exhibit I- Collective Orders) (Krajewski, Joseph) |
| Filing 10 NOTICE OF IN PERSON HEARING on #8 MOTION for Temporary Restraining Order. Motion Hearing set for 7/26/2023 02:00 PM before District Judge Judith E. Levy (WBar) |
| Filing 9 RESPONSE to #8 MOTION for Temporary Restraining Order and Preliminary Injunction regarding Plaintiff's Attendant Care filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit 1. May 2021 Letter, #3 Exhibit 2. Payment Log, #4 Exhibit 3. October 29, 2009 PM&R IME Report (Dr. Annette De Santis), #5 Exhibit 4. December 16, 2009 Neuropsychological Evaluation (Dr. Christian Schutte), #6 Exhibit 5. May 31, 2023 Correspondence from State Farm to Plaintiff, #7 Exhibit 6. August 10, 2011 Neuropsychological Supplement (Dr. Christian Schutte), #8 Exhibit 7. December 21, 2009 Psychiatric IME Report (Dr. Richard Jackson), #9 Exhibit 8. October 4, 2010 Psychiatric IME Supplement (Dr. Richard Jackson), #10 Exhibit 9. November 14, 2010 Psychiatric IME Supplement (Dr. Richard Jackson), #11 Exhibit 10. September 8, 2011 Psychiatric IME Supplement (Dr. Richard Jackson), #12 Exhibit 11. March 3, 2015 Orthopedic IME Report (Dr. John Flood), #13 Exhibit 12. May 1, 2015 Orthopedic IME Supplement (Dr. John Flood), #14 Exhibit 13. January 2016 Release, #15 Exhibit 14. Attendant Care Statements (July 2021 through March 2023), #16 Exhibit 15. State Farm Automobile Insurance Policy, #17 Exhibit 16. Surveillance Report (September 2006), #18 Exhibit 17. Surveillance Report (June 11, 2008), #19 Exhibit 18. Surveillance Report (June 12, 2008), #20 Exhibit 19. Surveillance Report (July 15, 2008), #21 Exhibit 20. Surveillance Report (July 16, 2008), #22 Exhibit 21. Surveillance Report (July 17, 2008), #23 Exhibit 22. Surveillance Report (10/14/2008 & 10/16/2008), #24 Exhibit 23. Surveillance Report (October 29, 2008), #25 Exhibit 24. Surveillance Report (November 4, 2008), #26 Exhibit 25. Surveillance Report (November 5, 2008), #27 Exhibit 26. Surveillance Report (August 17, 2010), #28 Exhibit 27. Surveillance Report (September 24, 2010), #29 Exhibit 28. Surveillance Report (October 14, 2010), #30 Exhibit 29. Surveillance Report (November 1, 2010), #31 Exhibit 30. Surveillance Report (December 15, 2010), #32 Exhibit 31. Surveillance Report (May 2023)) (Wiener, Jordan) |
| Filing 8 MOTION for Temporary Restraining Order and Preliminary Injunction regarding Plaintiff's Attendant Care by Joshua Mitchum. (Attachments: #1 Index of Exhibits, #2 Exhibit Exhibit A- Complaint, #3 Exhibit Exhibit B- Affidavit, #4 Exhibit Exhibit C- Correspondence) (Krajewski, Joseph) |
| Minute Entry for virtual proceedings before District Judge Judith E. Levy: Status Conference held on 7/11/2023; Plaintiff to re-file motion for temporary restraining order; Defendant to re-file response to motion; Plaintiff's reply brief due 7/21/2023. (Court Reporter: None Present, Not on the Record) (WBar) |
| Filing 7 NOTICE of Appearance by Joseph A. Krajewski on behalf of All Plaintiffs. (Krajewski, Joseph) |
| Filing 6 NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 7/11/2023 10:30 AM before District Judge Judith E. Levy (WBar) |
| Filing 5 RESPONSE to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction Regarding Attendant Care by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit 1. May 2021 Letter, #3 Exhibit 2. Payment Log, #4 Exhibit 3. October 29, 2009 PM&R IME Report (Dr. Annette De Santis), #5 Exhibit 4. December 16, 2009 Neuropsychological Evaluation (Dr. Christian Schutte), #6 Exhibit 5. 2010 Neuropsychological Record Review (Dr. Christian Schutte), #7 Exhibit 6. August 10, 2011 Neuropsychological Supplement (Dr. Christian Schutte), #8 Exhibit 7. December 21, 2009 Psychiatric IME Report (Dr. Richard Jackson), #9 Exhibit 8. October 4, 2010 Psychiatric IME Supplement (Dr. Richard Jackson), #10 Exhibit 9. November 14, 2010 Psychiatric IME Supplement (Dr. Richard Jackson), #11 Exhibit 10. September 8, 2011 Psychiatric IME Supplement (Dr. Richard Jackson), #12 Exhibit 11. March 3, 2015 Orthopedic IME Report (Dr. John Flood), #13 Exhibit 12. May 1, 2015 Orthopedic IME Supplement (Dr. John Flood), #14 Exhibit 13. January 2016 Release, #15 Exhibit 14. Attendant Care Statements (July 2021 through March 2023), #16 Exhibit 15. State Farm Automobile Insurance Policy, #17 Exhibit 16. Surveillance Report (September 2006), #18 Exhibit 17. Surveillance Report (June 11, 2008), #19 Exhibit 18. Surveillance Report (June 12, 2008), #20 Exhibit 19. Surveillance Report (July 15, 2008), #21 Exhibit 20. Surveillance Report (July 16, 2008), #22 Exhibit 21. Surveillance Report (July 17, 2008), #23 Exhibit 22. Surveillance Report (10/14/2008 & 10/16/2008), #24 Exhibit 23. Surveillance Report (October 29, 2008), #25 Exhibit 24. Surveillance Report (November 4, 2008), #26 Exhibit 25. Surveillance Report (November 5, 2008), #27 Exhibit 26. Surveillance Report (August 17, 2010), #28 Exhibit 27. Surveillance Report (September 24, 2010), #29 Exhibit 28. Surveillance Report (October 14, 2010), #30 Exhibit 29. Surveillance Report (November 1, 2010), #31 Exhibit 30. Surveillance Report (December 15, 2010), #32 Exhibit 31. Surveillance Report (May 2023)) (Wiener, Jordan) |
| Filing 4 ANSWER to Complaint with Affirmative Defenses with Jury Demand by State Farm Mutual Automobile Insurance Company. (Wiener, Jordan) |
| Filing 3 NOTICE of Appearance by Anna E. Wright on behalf of All Plaintiffs. (Wright, Anna) |
| Filing 2 ATTORNEY APPEARANCE: Elaine M. Sawyer appearing on behalf of All Defendants (Sawyer, Elaine) |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (KBro) |
| Filing 1 NOTICE OF REMOVAL by State Farm Mutual Automobile Insurance Company from Macomb County Circuit Court, case number 2023-001568-NF. Receipt No: AMIEDC-9388513 - Fee: $ 402 [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit A. Summons & Complaint, #3 Exhibit B. Plaintiff's Motion for TRO, #4 Exhibit C. AC Statements, #5 Exhibit D. Pay Log) (Wiener, Jordan) |
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