Behning v. West Bend Mutual Insurance Company
Plaintiff: Earl M. Behning
Defendant: West Bend Mutual Insurance Company
Counter Defendant: Judy Moran
Case Number: 0:2019cv01395
Filed: May 28, 2019
Court: US District Court for the District of Minnesota
Presiding Judge: Joan N Ericksen
Referring Judge: Tony N Leung
Nature of Suit: Insurance
Cause of Action: 28:1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 17, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 17, 2019 Filing 23 Summons Issued as to Judy Moran. (JME)
July 17, 2019 Filing 22 DOCUMENT FILED IN ERROR. Summons Issued as to Judy Moran. (JME) Modified text on 7/17/2019 (JME).
July 16, 2019 Filing 21 TEXT ONLY ENTRY: Request to Clerk's Office to Issue Summons for Judy Moran. (Thornsjo, Dale)
July 9, 2019 Filing 20 ANSWER to Plaintiff's First Amended Complaint, against Earl M. Behning, Judy Moran. filed by West Bend Mutual Insurance Company. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B1, #3 Exhibit(s) B2, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F1, #8 Exhibit(s) F2, #9 Exhibit(s) G1, #10 Exhibit(s) G2) (Thornsjo, Dale) Modified text on 7/12/2019 (KDS).
June 26, 2019 Opinion or Order Filing 19 TEXT-ONLY ORDER on #15 Stipulation to Amend Complaint. IT IS HEREBY ORDERED that the parties' Stipulation to Amend Complaint is GRANTED. Ordered by Magistrate Judge Tony N. Leung on 6/26/2019. (EB)
June 26, 2019 Filing 18 (Text-only) NOTICE of Cancellation of Hearing re Defendant's #7 MOTION for Partial Dismissal Pursuant to Rule 12(b)(6). The Motion Hearing set for 7/24/2019 at 02:00 PM in Courtroom 12W (MPLS) before Judge Joan N. Ericksen is CANCELLED. (CBC)
June 25, 2019 Filing 17 Letter re: withdrawal of motion re #7 MOTION to Dismiss/General /Partial Dismissal Pursuant to Rule 12(b)(6), #15 Stipulation, #16 Amended Complaint from counsel for Defendant West Bend Mutual Insurance Company. (Meyer, Lance)
June 25, 2019 Filing 16 AMENDED COMPLAINT against West Bend Mutual Insurance Company filed by Earl M. Behning. No summons requested. (Hammond, Bradley) Modified text on 7/9/2019 (lmb).
June 25, 2019 Filing 15 STIPULATION to Amend Complaint by Earl M. Behning. (Hammond, Bradley)
June 5, 2019 Filing 14 AMENDED NOTICE of Hearing on Motion: #7 MOTION to Dismiss/General /Partial Dismissal Pursuant to Rule 12(b)(6) : Motion Hearing set for 7/24/2019 at 02:00 PM in Courtroom 12W (MPLS) before Judge Joan N. Ericksen. (Thornsjo, Dale)
June 5, 2019 Opinion or Order Filing 13 ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT re #7 MOTION to Dismiss/General /Partial Dismissal Pursuant to Rule 12(b)(6). Within 30 days of the motion being decided, Plaintiff shall contact the chambers of Magistrate Judge Tony Leung, by letter or e-mail, for the purpose of scheduling the pretrial conference. Signed by Magistrate Judge Tony N. Leung on 6/4/2019. (HAM)
June 4, 2019 Filing 12 PROPOSED ORDER TO JUDGE re #7 MOTION to Dismiss/General /Partial Dismissal Pursuant to Rule 12(b)(6) filed by West Bend Mutual Insurance Company.(Thornsjo, Dale)
June 4, 2019 Filing 11 MEET and CONFER STATEMENT re #7 Motion to Dismiss/General filed by West Bend Mutual Insurance Company.(Thornsjo, Dale)
June 4, 2019 Filing 10 Declaration of Dale O. Thornsjo in Support of #7 MOTION to Dismiss/General /Partial Dismissal Pursuant to Rule 12(b)(6) filed by West Bend Mutual Insurance Company. (Attachments: #1 Exhibit(s) A (Part 1 of 3) - West Bend Policy, #2 Exhibit(s) A (Part 2 of 3) - West Bend Policy, #3 Exhibit(s) A (Part 3 of 3) - West Bend Policy, #4 Exhibit(s) B - April 26, 2018, Coverage Position Letter, #5 Exhibit(s) C - March 15, 2019, Coverage Position Letter)(Thornsjo, Dale)
June 4, 2019 Filing 9 MEMORANDUM in Support re #7 MOTION to Dismiss/General /Partial Dismissal Pursuant to Rule 12(b)(6) filed by West Bend Mutual Insurance Company. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Thornsjo, Dale)
June 4, 2019 Filing 8 NOTICE OF HEARING ON MOTION #7 MOTION to Dismiss/General /Partial Dismissal Pursuant to Rule 12(b)(6) : Motion Hearing set for 7/24/2019 at 02:00 PM in Courtroom 12W (MPLS) before Judge Joan N. Ericksen. (Thornsjo, Dale)
June 4, 2019 Filing 7 MOTION to Dismiss/General /Partial Dismissal Pursuant to Rule 12(b)(6) filed by West Bend Mutual Insurance Company. (Thornsjo, Dale)
May 30, 2019 Filing 6 NOTICE of Appearance by Timothy D. Johnson on behalf of Earl M. Behning. (Hammond, Bradley) Modified text on 5/30/2019 (JLB).
May 30, 2019 Filing 5 NOTICE of Appearance by Bradley K Hammond on behalf of Earl M. Behning. (Hammond, Bradley)
May 28, 2019 Filing 4 CERTIFICATE OF SERVICE by West Bend Mutual Insurance Company re #1 Notice of Removal, including Exhibits 1-3 and Civil Cover Sheet (Thornsjo, Dale)
May 28, 2019 Filing 3 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant West Bend Mutual Insurance Company. (Thornsjo, Dale)
May 28, 2019 Filing 2 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Joan N. Ericksen per 3rd/4th Master list, referred to Magistrate Judge Tony N. Leung. Please use case number 19-cv-1395 JNE/TNL. (kt)
May 28, 2019 Filing 1 NOTICE OF REMOVAL from Hennepin County District Court (filing fee $ 400, receipt number AMNDC-6899455) filed by West Bend Mutual Insurance Company. No summons requested. (Attachments: #1 Summons and Complaint, #2 Amended Complaint and Demand for Jury Trial in Underlying Lawsuit, #3 Notice of Filing of Notice of Removal, #4 Civil Cover Sheet) (Thornsjo, Dale)

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Defendant: West Bend Mutual Insurance Company
Represented By: Lance D Meyer
Represented By: Dale O. Thornsjo
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Plaintiff: Earl M. Behning
Represented By: Bradley K Hammond
Represented By: Timothy D Johnson
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Counter defendant: Judy Moran
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