Kihnke et al v. LM Insurance Corporation et al
Plaintiff: L&K Coffee LLC a Michigan limited liability company doing business as Magnum Roastery and Kevin Kihnke
Defendant: Bruce Corker doing business as Rancho Aloha, Smithfarms LLC, Melanie Bondera wife doing business as Kanalani Ohana Farm, Liberty Insurance Corporation, Colehour Bondera husband doing business as Kanalani Ohana Farm and LM Insurance Corporation
Case Number: 1:2021cv00353
Filed: April 29, 2021
Court: US District Court for the Western District of Michigan
Presiding Judge: Phillip J Green
Referring Judge: Janet T Neff
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 25, 2021 Filing 49 PROPOSED STIPULATION and ORDER for Extension of Time to File Responsive Pleadings to Consolidated Complaint by defendants LM Insurance Corporation, Liberty Insurance Corporation ; this document appears in the following associated cases: 1:20-cv-00806-JTN-PJG, 1:21-cv-00120-JTN-PJG, 1:21-cv-00142-JTN-PJG, 1:21-cv-00353-JTN-PJG (Pohl, Elaine)
June 24, 2021 Opinion or Order Filing 48 ORDER setting status conference: status conference set for 7/15/2021 at 11:00 AM by video before Judge Janet T. Neff; signed by Judge Janet T. Neff; this document appears in the following associated cases: 1:20-cv-00806-JTN-PJG, 1:21-cv-00120-JTN-PJG, 1:21-cv-00142-JTN-PJG, 1:21-cv-00353-JTN-PJG (Judge Janet T. Neff, rmw)
June 22, 2021 Filing 47 PROPOSED STIPULATION and ORDER for Proposed Motions for Summary Judgment and Stay of Discovery by defendants LM Insurance Corporation, Liberty Insurance Corporation ; this document appears in the following associated cases: 1:20-cv-00806-JTN-PJG, 1:21-cv-00120-JTN-PJG, 1:21-cv-00142-JTN-PJG, 1:21-cv-00353-JTN-PJG (Pohl, Elaine)
June 7, 2021 Filing 46 CONSOLIDATED COMPLAINT with jury demand against Selective Way Insurance Company, LM Insurance Corporation, Liberty Insurance Corporation, Continental Casualty Company, Valley Forge Insurance Company filed by Kevin Kihnke, L&K Coffee LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 [Part 1], #7 Exhibit 6 [Part 2], #8 Exhibit 7 [Part 1], #9 Exhibit 7 [Part 2], #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11 [Part 1], #14 Exhibit 11 [Part 2], #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18); this document appears in the following associated cases: 1:20-cv-00806-JTN-PJG, 1:21-cv-00120-JTN-PJG, 1:21-cv-00142-JTN-PJG, 1:21-cv-00353-JTN-PJG (Heck, Dan) Modified text on 6/8/2021 (ems).
June 1, 2021 Opinion or Order Filing 45 ORDER granting notice (44) in case 1:20-cv-00806-JTN-PJG; notice (19) in case 1:21-cv-00120-JTN-PJG; notice (23) in case 1:21-cv-00142-JTN-PJG; notice (44) in case 1:21-cv-00353-JTN-PJG; the law firm of Atkins Intellectual Property, PLLC is withdrawn as counsel of record for Plaintiffs; signed by Judge Janet T. Neff; this document appears in the following associated cases: 1:20-cv-00806-JTN-PJG, 1:21-cv-00120-JTN-PJG, 1:21-cv-00142-JTN-PJG, 1:21-cv-00353-JTN-PJG (Judge Janet T. Neff, rmw)
June 1, 2021 Copy of Order, (45 in 1:21-cv-00353-JTN-PJG, 45 in 1:20-cv-00806-JTN-PJG, 20 in 1:21-cv-00120-JTN-PJG, 24 in 1:21-cv-00142-JTN-PJG) sent via U.S. Mail to attorney Michael G. Atkins; this document appears in the following associated cases: 1:20-cv-00806-JTN-PJG, 1:21-cv-00120-JTN-PJG, 1:21-cv-00142-JTN-PJG, 1:21-cv-00353-JTN-PJG (ems)
May 28, 2021 Filing 44 MOTION to withdraw as attorney by defendant L&K Coffee LLC; (Attachments: #1 Proposed Order); this document appears in the following associated cases: 1:20-cv-00806-JTN-PJG, 1:21-cv-00120-JTN-PJG, 1:21-cv-00142-JTN-PJG, 1:21-cv-00353-JTN-PJG (Heck, Dan)
May 28, 2021 Copy of Order, (18 in 1:21-cv-00120-JTN-PJG, 43 in 1:21-cv-00353-JTN-PJG, 43 in 1:20-cv-00806-JTN-PJG, 22 in 1:21-cv-00142-JTN-PJG) sent via U.S. Mail to attorney Michael G. Atkins; this document appears in the following associated cases: 1:20-cv-00806-JTN-PJG, 1:21-cv-00120-JTN-PJG, 1:21-cv-00142-JTN-PJG, 1:21-cv-00353-JTN-PJG (ems)
May 27, 2021 Opinion or Order Filing 43 ORDER denying without prejudice to refile notice (42) in case 1:20-cv-00806-JTN-PJG; notice (17) in case 1:21-cv-00120-JTN-PJG; notice (21) in case 1:21-cv-00142-JTN-PJG; notice (42) in case 1:21-cv-00353-JTN-PJG; signed by Judge Janet T. Neff; this document appears in the following associated cases: 1:20-cv-00806-JTN-PJG, 1:21-cv-00120-JTN-PJG, 1:21-cv-00142-JTN-PJG, 1:21-cv-00353-JTN-PJG (Judge Janet T. Neff, rmw)
May 26, 2021 Filing 42 NOTICE of withdrawal as counsel of record by plaintiffs Kevin Kihnke, L&K Coffee LLC (Attachments: #1 Proposed Order); this document appears in the following associated cases: 1:20-cv-00806-JTN-PJG, 1:21-cv-00120-JTN-PJG, 1:21-cv-00142-JTN-PJG, 1:21-cv-00353-JTN-PJG (Heck, Dan) Modified text on 5/27/2021 (ems).
May 25, 2021 Opinion or Order Filing 41 ORDER resolving STIPULATION (15) in case 1:21-cv-00120-JTN-PJG; STIPULATION (19) in case 1:21-cv-00142-JTN-PJG; STIPULATION (40) in case 1:21-cv-00353-JTN-PJG; STIPULATION (40) in case 1:20-cv-00806-JTN-PJG; realigning parties; consolidated amended complaint due by 6/7/2021; signed by Judge Janet T. Neff; this document appears in the following associated cases: 1:20-cv-00806-JTN-PJG, 1:21-cv-00120-JTN-PJG, 1:21-cv-00142-JTN-PJG, 1:21-cv-00353-JTN-PJG (Judge Janet T. Neff, rmw)
May 25, 2021 Copy of Order on Stipulation and Proposed Order, (16 in 1:21-cv-00120-JTN-PJG, 20 in 1:21-cv-00142-JTN-PJG, 41 in 1:20-cv-00806-JTN-PJG, 41 in 1:21-cv-00353-JTN-PJG) sent via U.S. Mail to attorney Michael G. Atkins; this document appears in the following associated cases: 1:20-cv-00806-JTN-PJG, 1:21-cv-00120-JTN-PJG, 1:21-cv-00142-JTN-PJG, 1:21-cv-00353-JTN-PJG (ems)
May 24, 2021 Filing 40 PROPOSED STIPULATION and ORDER to Realign Parties and for Consolidated Amended Complaint on Behalf of L&K Coffee LLC d/b/a Magnum Roastery and Kevin Kihnke Against The Insurers by plaintiffs LM Insurance Corporation, Liberty Insurance Corporation ; this document appears in the following associated cases: 1:20-cv-00806-JTN-PJG, 1:21-cv-00120-JTN-PJG, 1:21-cv-00142-JTN-PJG, 1:21-cv-00353-JTN-PJG (Pohl, Elaine)
May 18, 2021 Copy of Order, #39 sent via U.S. Mail to attorney Michael G. Atkins (ems)
May 17, 2021 Opinion or Order Filing 39 ORDER granting STIPULATION 38 in Case No. 1:20-cv-806; Case Nos. 1:21-cv-120, 1:21-cv-353, and 1:21-cv-142 are consolidated under Case No. 1:20-cv-806; Plaintiffs' consolidated amended complaint due by 6/1/2021; all future matters must be filed under the lead case; signed by Judge Janet T. Neff (ems)
May 13, 2021 Copy of Order on Proposed Order #38 sent via U.S. Mail to Curt H Feig, Matthew C Erickson and Michael G. Atkins (tlbu) Modified text on 5/13/2021 (tlbu).
May 12, 2021 Opinion or Order Filing 38 ORDER re notice #36 ; the law firm of Nicoll Black & Feig, P.L.L.C. is withdrawn as counsel of record for Defendants LM Insurance Corporation and Liberty Insurance Corporation; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
May 12, 2021 Filing 37 PROPOSED ORDER regarding Withdrawal of Counsel by defendants LM Insurance Corporation, Liberty Insurance Corporation (Pohl, Elaine)
May 12, 2021 Filing 36 NOTICE of Withdrawal as Counsel of Record by defendants LM Insurance Corporation, Liberty Insurance Corporation (Pohl, Elaine)
May 4, 2021 Filing 35 PROPOSED STIPULATION and ORDER Regarding Consolidation of Actions by defendants LM Insurance Corporation, Liberty Insurance Corporation (Pohl, Elaine)
May 3, 2021 Filing 34 ATTORNEY ADMISSION LETTER sent to attorney Matthew C. Erickson; attorney admission deadline set for 6/1/2021; (ns)
May 3, 2021 Filing 33 ATTORNEY ADMISSION LETTER sent to attorney Curt H. Feig; attorney admission deadline set for 6/1/2021; (ns)
May 3, 2021 Filing 32 ATTORNEY ADMISSION LETTER sent to attorney Michael G. Atkins; attorney admission deadline set for 6/1/2021; (ns)
May 3, 2021 Filing 31 NOTICE of receipt of case (ns)
May 3, 2021 Filing 30 Memorandum regarding potentially related case returned to Clerk from Magistrate Judge Green indicating that this case is related to 1:20-cv-806, 1:21-cv-120, and 1:21-cv-142 (ems)
May 3, 2021 Copy of Receipt of Case Notice #31 sent via U.S. Mail to Michael G Atkins, Curt H Feig, and Matthew C. Erickson (ns)
April 30, 2021 (NON-DOCUMENT) ATTORNEY APPEARANCE of Elaine Murphy Pohl on behalf of defendants LM Insurance Corporation, Liberty Insurance Corporation (Pohl, Elaine)
April 30, 2021 (NON-DOCUMENT) ATTORNEY APPEARANCE of Stephanie M. Brochert on behalf of defendants LM Insurance Corporation, Liberty Insurance Corporation (Brochert, Stephanie)
April 29, 2021 Filing 29 CASE TRANSFERRED IN from Washington Western, their case number 2:21-cv-00011; the documents listed above were electronically transferred to the Western District of Michigan (ems)
April 14, 2021 Opinion or Order Filing 28 ORDER granting in part and denying in part Defendants LM Insurance Corporation and Liberty Insurance Corporation's #21 Motion to Dismiss or alternatively to transfer venue. This case is TRANSFERRED to the Western District of Michigan-Southern Division. Sgned by U.S. District Judge John C. Coughenour.Per LCR 3(i), this case will be transferred to the Western District of Michigan - Southern Division by electronic case transfer 15 days following the date of this filing - on 4/29/2021 (PM) [Transferred from Washington Western on 4/29/2021.]
April 12, 2021 Filing 27 Second AMENDED COMPLAINT against All Defendants with JURY DEMAND Attorney Dan E Heck added to party L&K Coffee dba Magnum Roastery(pty:pla), filed by Kevin Kihnke, L&K Coffee dba Magnum Roastery.(Heck, Dan) [Transferred from Washington Western on 4/29/2021.]
April 7, 2021 Filing 26 MINUTE ORDER: Plaintiffs' request is GRANTED. They may amend the complaint solely for purposes of establishing diversity jurisdiction. The amendment is due April 12, 2021. If Plaintiffs choose to amend, Liberty Mutual need not renew its motion to dismiss or transfer venue (Dkt. No. #21 ). The Court will, instead, consider the motion in light of a second amended complaint. The Clerk is DIRECTED to renote Liberty Mutual's motion to dismiss or alternatively transfer venue (Dkt. No. #21 ) for consideration on 4/12/2021. Authorized by U.S. District Judge John C. Coughenour. (LH) [Transferred from Washington Western on 4/29/2021.]
April 2, 2021 Filing 25 REPLY, filed by Defendants LM Insurance Corporation, Liberty Insurance Corporation, TO RESPONSE to #21 MOTION to Dismiss or Alternatively to Transfer Plaintiffs' Amended Complaint (Feig, Curt) [Transferred from Washington Western on 4/29/2021.]
March 29, 2021 Filing 24 RESPONSE, by Plaintiffs Kevin Kihnke, L&K Coffee dba Magnum Roastery, to #21 MOTION to Dismiss or Alternatively to Transfer Plaintiffs' Amended Complaint. Oral Argument Requested. (Attachments: #1 Declaration of Gregory M. Hatton, #2 Evidentiary Objections)(Heck, Dan) [Transferred from Washington Western on 4/29/2021.]
March 29, 2021 Filing 23 NOTICE of Pendency of Other Action in U.S. District Court for the Western District of Washington, U.S. District Court for the Western District of Michigan (x3), case number(s) in other court 2:19-cv-00290-RSL, 1:20-cv-00806, 1:21-cv-00120, 1:21-cv-00142 ; filed by Plaintiffs Kevin Kihnke, L&K Coffee dba Magnum Roastery. (Atkins, Michael) [Transferred from Washington Western on 4/29/2021.]
March 8, 2021 Filing 22 DECLARATION of Matt Erickson filed by Defendants LM Insurance Corporation, Liberty Insurance Corporation re #21 MOTION to Dismiss or Alternatively to Transfer Plaintiffs' Amended Complaint (Attachments: #1 Exhibit 1-8, #2 Exhibit 9-16, #3 Exhibit 17-24)(Feig, Curt) [Transferred from Washington Western on 4/29/2021.]
March 8, 2021 Filing 21 MOTION to Dismiss or Alternatively to Transfer Plaintiffs' Amended Complaint, filed by Defendants LM Insurance Corporation, Liberty Insurance Corporation. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 4/12/2021 4/2/2021, (Feig, Curt) Modified to re-note on 4/7/2021 (LH). [Transferred from Washington Western on 4/29/2021.]
February 25, 2021 ***Motion terminated: #13 MOTION to Dismiss or Alternatively to Transfer Venue filed by Liberty Insurance Corporation, LM Insurance Corporation, per the filing of the #18 Amended Complaint and per the direction of Chambers. (SR) [Transferred from Washington Western on 4/29/2021.]
February 23, 2021 Filing 20 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Stephen G Skinner for Plaintiff Kevin Kihnke. (Skinner, Stephen) [Transferred from Washington Western on 4/29/2021.]
February 23, 2021 Filing 19 AMENDED COMPLAINT (Duplicate of dkt. #18 ) against All Defendants with JURY DEMAND, filed by Kevin Kihnke.(Heck, Dan) Modified on 2/23/2021 to identify as a duplicate filing (PM). [Transferred from Washington Western on 4/29/2021.]
February 22, 2021 Filing 18 AMENDED COMPLAINT against All Defendants with JURY DEMAND, filed by Kevin Kihnke.(Heck, Dan) [Transferred from Washington Western on 4/29/2021.]
February 15, 2021 Filing 17 NOTICE of Appearance by attorney Michael G Atkins on behalf of Plaintiff Kevin Kihnke. (Atkins, Michael) [Transferred from Washington Western on 4/29/2021.]
February 3, 2021 Attorney Matthew C Erickson added for LM Insurance Corporation, Liberty Insurance Corporation; per #16 Notice of Appearance. (LH) [Transferred from Washington Western on 4/29/2021.]
February 3, 2021 Filing 16 NOTICE of Appearance by attorney Curt H Feig on behalf of Defendants LM Insurance Corporation, Liberty Insurance Corporation. (Feig, Curt) [Transferred from Washington Western on 4/29/2021.]
February 3, 2021 Filing 15 NOTICE of Pendency of Other Action in W.D. Mich., case number(s) in other court 1:20-cv-00806-JTN-PJG ; filed by Defendants LM Insurance Corporation, Liberty Insurance Corporation. (Feig, Curt) [Transferred from Washington Western on 4/29/2021.]
February 3, 2021 Filing 14 DECLARATION of Matt Erickson filed by Defendants LM Insurance Corporation, Liberty Insurance Corporation re #13 MOTION to Dismiss or Alternatively to Transfer Venue (Attachments: #1 Exhibit 1-8, #2 Exhibit 9-16, #3 Exhibit 17-24)(Feig, Curt) [Transferred from Washington Western on 4/29/2021.]
February 3, 2021 Filing 13 MOTION to Dismiss or Alternatively to Transfer Venue, filed by Defendants LM Insurance Corporation, Liberty Insurance Corporation. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 2/26/2021, (Feig, Curt) [Transferred from Washington Western on 4/29/2021.]
January 29, 2021 Opinion or Order Filing 12 ORDER re #10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Dan E Heck for plaintiff Kevin Kihnke, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA)[Transferred from Washington Western on 4/29/2021.]
January 28, 2021 Opinion or Order Filing 11 ORDER re #9 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Gregory M. Hatton for plaintiff Kevin Kihnke, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA)[Transferred from Washington Western on 4/29/2021.]
January 28, 2021 Filing 10 APPLICATION OF ATTORNEY Dan E. Heck FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Kevin Kihnke (Fee Paid) Receipt No. AWAWDC-6905417 (Skinner, Stephen) [Transferred from Washington Western on 4/29/2021.]
January 28, 2021 Filing 9 APPLICATION OF ATTORNEY Gregory M. Hatton FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Kevin Kihnke (Fee Paid) Receipt No. AWAWDC-6905394 (Skinner, Stephen) [Transferred from Washington Western on 4/29/2021.]
January 13, 2021 Filing 8 AFFIDAVIT of Service of Summons and Complaint on LM Insurance Corporation on 1/13/2021, filed by Plaintiff Kevin Kihnke. (Skinner, Stephen) [Transferred from Washington Western on 4/29/2021.]
January 13, 2021 Filing 7 AFFIDAVIT of Service of Summons and Complaint on Liberty Insurance Corporation on 1/13/2021, filed by Plaintiff Kevin Kihnke. (Skinner, Stephen) [Transferred from Washington Western on 4/29/2021.]
January 11, 2021 Filing 6 Summons(es) Electronically Issued as to defendant(s) LM Insurance Corporation, Liberty Insurance Corporation (Attachments: #1 Summons Liberty Insurance Corporation) (PM) [Transferred from Washington Western on 4/29/2021.]
January 8, 2021 Filing 5 PRAECIPE TO ISSUE SUMMONS by Plaintiff Kevin Kihnke (Attachments: #1 Summons)(Skinner, Stephen) [Transferred from Washington Western on 4/29/2021.]
January 7, 2021 Opinion or Order Filing 4 ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (GT) [Transferred from Washington Western on 4/29/2021.]
January 7, 2021 Filing 3 CIVIL COVER SHEET re #1 Complaint, ; filed by Plaintiff Kevin Kihnke. (Skinner, Stephen) [Transferred from Washington Western on 4/29/2021.]
January 6, 2021 Filing 2 NOTICE TO FILER: re #1 Complaint,. Notice of Filing Deficiency** Action Required **See attached letter for more information and instructions. (SG) [Transferred from Washington Western on 4/29/2021.]
January 6, 2021 U.S. District Judge John C. Coughenour added. (SG) [Transferred from Washington Western on 4/29/2021.]
January 5, 2021 Filing 1 COMPLAINT for (1) Declaratory Judgment; (2) Breach of Contract; (3) Anticipatory Repudiation of Contract; (4) Insurance Bad Faith; and (5) Violations of Consumer Protection Act against All Defendants with JURY DEMAND (Receipt # AWAWDC-6851473), filed by KEVIN KIHNKE.(Skinner, Stephen) [Transferred from Washington Western on 4/29/2021.]

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Search for this case: Kihnke et al v. LM Insurance Corporation et al
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Plaintiff: L&K Coffee LLC a Michigan limited liability company doing business as Magnum Roastery
Represented By: Michael G Atkins
Represented By: Dan E. Heck
Represented By: Gregory M. Hatton
Represented By: John Joseph Rolecki
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Plaintiff: Kevin Kihnke
Represented By: Michael G Atkins
Represented By: Stephen G Skinner
Represented By: Gregory M. Hatton
Represented By: Dan E. Heck
Represented By: John Joseph Rolecki
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Defendant: Bruce Corker doing business as Rancho Aloha
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Defendant: Smithfarms LLC
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Defendant: Melanie Bondera wife doing business as Kanalani Ohana Farm
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Defendant: Liberty Insurance Corporation
Represented By: Curt H Feig
Represented By: Matthew C Erickson
Represented By: Stephanie M. Brochert
Represented By: Elaine Murphy Pohl
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Defendant: Colehour Bondera husband doing business as Kanalani Ohana Farm
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Defendant: LM Insurance Corporation
Represented By: Curt H Feig
Represented By: Matthew C Erickson
Represented By: Stephanie M. Brochert
Represented By: Elaine Murphy Pohl
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