Duchmann et al v. State Farm Fire and Casualty Company
Plaintiff: Melynda Duchmann and Dwayne Duchmann
Defendant: State Farm Fire and Casualty Company
Case Number: 1:2023cv00261
Filed: October 10, 2023
Court: US District Court for the Southern District of Mississippi
Presiding Judge: Halil S Ozerden
Referring Judge: Bradley W Rath
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Insurance Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 8, 2023 Filing 10 NOTICE of Service of Rule 26 Initial Disclosure by Dwayne Duchmann, Melynda Duchmann (Longwitz, William)
December 8, 2023 Filing 9 NOTICE of Service of Request for Production by State Farm Fire and Casualty Company (Moore, Michael)
December 8, 2023 Filing 8 NOTICE of Service of Interrogatories by State Farm Fire and Casualty Company (Moore, Michael)
December 8, 2023 Opinion or Order Filing 7 CASE MANAGEMENT ORDER: Plaintiffs' Disclosure due by 12/8/2023 by 5:00 PM. Jury Trial set for a three week trial calendar beginning on 2/3/2025 at 9:00 AM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. Pretrial Conference set for 1/14-16/2025 at 9:00 AM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. Discovery due by 8/5/2024. Motions for Amended Pleadings due by 1/8/2024. Motions for Joinder of Parties due by 1/8/2024. Designate Experts Plaintiff Deadline due by 4/3/2024. Designate Experts for Defendant Deadline due by 5/3/2024. Motions due by 8/19/2024. Settlement Conference set for 9/30/2024 at 9:30 AM in Courtroom 683 (Gulfport) before Magistrate Judge Bradley W. Rath. ADR Report due by 1/7/2025. Proposed Pretrial Order due by 1/14/2025. EDT: 3 days. Parties do not consent. Signed by Magistrate Judge Bradley W. Rath on 12/8/2023 (AB)
December 8, 2023 NOTICE of Calendar Setting: For the Settlement Conference set for 9/30/2024 at 9:30 AM in Courtroom 683 (Gulfport) before Magistrate Judge Bradley W. Rath, counsel are instructed to submit to Judge Rath, seven (7) days prior to the conference, a memorandum (3 page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Rath via e-mail (rath_chambers@mssd.uscourts.gov). LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). Company policies limiting or prohibiting travel will no longer be accepted as a valid excuse for a corporate representative's failure to personally appear at the settlement conference. FAILURE TO APPEAR MAY RESULT IN SANCTIONS. (AB)
December 8, 2023 DOCKET ANNOTATION as to # 10. Attorney is advised that the correct format for the case number is 1:23cv261 HSO-BWR, which should be listed on all future filings. (JCH)
December 8, 2023 Minute Entry for proceedings held before Magistrate Judge Bradley W. Rath: Telephonic Case Management Conference held on 12/8/2023. PARTICIPANTS: William F. Longwitz (counsel for Plaintiffs); Harry Benjamin Mullen and Michael R. Moore (counsel for Defendant). A Case Management Order will be entered. (AB)
December 1, 2023 Filing 6 NOTICE of Service of Rule 26 Pre-Discovery Disclosure by State Farm Fire and Casualty Company (Moore, Michael)
October 12, 2023 Filing 5 NOTICE of Appearance by Michael R. Moore on behalf of State Farm Fire and Casualty Company (Moore, Michael)
October 12, 2023 Filing 4 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 12/8/2023 at 9:00 AM before Magistrate Judge Bradley W. Rath. (AB)
October 12, 2023 Filing 3 ANSWER to Complaint (Notice of Removal) by State Farm Fire and Casualty Company (Mullen, Harry)
October 10, 2023 Filing 2 Corporate Disclosure Statement by State Farm Fire and Casualty Company identifying Corporate Parent State Farm Mutual Automobile Insurance Company for State Farm Fire and Casualty Company. (Mullen, Harry)
October 10, 2023 Filing 1 NOTICE OF REMOVAL by State Farm Fire and Casualty Company from Pearl River County Circuit Court, case number CI23-CV-148CM. Lower court jury demand. (Filing fee $ 402; receipt number 5239833) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Record, #3 Civil Cover Sheet)(JCH)

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Plaintiff: Melynda Duchmann
Represented By: William F. Longwitz
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Plaintiff: Dwayne Duchmann
Represented By: William F. Longwitz
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Defendant: State Farm Fire and Casualty Company
Represented By: Harry Benjamin Mullen
Represented By: Michael R. Moore
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