Smith et al v. Freeman et al
Plaintiff: Rachel Motakhaveri and Rebecca Smith
Defendant: Justin Lee Freeman and Nationwide Property and Casualty Company
Case Number: 1:2024cv00233
Filed: July 29, 2024
Court: U.S. District Court for the Southern District of Mississippi
Presiding Judge: Louis Guirola
Referring Judge: Bradley W Rath
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 23, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2024 Opinion or Order Filing 19 CASE MANAGEMENT ORDER: Jury Trial set for a three week trial calendar beginning on 11/3/2025 at 9:00 AM in Courtroom 606 (Gulfport) before District Judge Louis Guirola Jr. Pretrial Conference set for 10/14-15/2025 at 1:30 PM in Courtroom 606 (Gulfport) before District Judge Louis Guirola Jr. Discovery due by 5/5/2025. Motions for Amended Pleadings due by 10/23/2024. Motions for Joinder of Parties due by 10/23/2024. Designate Experts Plaintiff Deadline due by 2/3/2025. Designate Experts for Defendant Deadline due by 3/3/2025. Motions due by 5/19/2025. Settlement Conference set for 7/24/2025 at 9:30 AM in Courtroom 683 (Gulfport) before Magistrate Judge Bradley W. Rath. ADR Report due by 10/7/2025. Proposed Pretrial Order due by 10/14/2025. EDT: 3 days. Parties do not consent. Signed by Magistrate Judge Bradley W. Rath on 9/23/2024 (AB)
September 23, 2024 NOTICE of Calendar Setting: For the Settlement Conference set for 7/24/2025 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)
September 23, 2024 Minute Entry for proceedings held before Magistrate Judge Bradley W. Rath: Telephonic Case Management Conference held on 9/23/2024. PARTICIPANTS: Matthew Stephen Lott (counsel for Plaintiffs); William H. Eckert (counsel for Defendant Nationwide Property and Casualty Company). A Case Management Order will be entered. (AB)
September 17, 2024 Filing 18 NOTICE to Take Deposition of Plaintiffs Rachel Motakhaveri and Rebeeca Smith by Nationwide Property and Casualty Company (Eckert, William)
September 13, 2024 Filing 17 NOTICE of Service of Plaintiffs Initial Disclosure by Rachel Motakhaveri, Rebecca Smith (Lott, Matthew)
September 12, 2024 Filing 16 NOTICE of Service of Response to Request for Admissions by Rachel Motakhaveri (Lott, Matthew)
September 12, 2024 Filing 15 NOTICE of Service of Response to Request for Admissions by Rebecca Smith (Lott, Matthew)
September 12, 2024 Filing 14 (DISREGARD) NOTICE of Service of Response to Request for Admissions by Rachel Motakhaveri (Lott, Matthew) Modified on 9/12/2024 (wld).
September 12, 2024 Filing 13 (DISREGARD) NOTICE of Service of Response to Request for Admissions by Rebecca Smith (Lott, Matthew) Modified on 9/12/2024 (wld).
September 12, 2024 DOCKET ANNOTATION as to #13 and #14. These documents were refiled correctly as document #15 and #16. Document #13 and #14 will be disregarded. (wld)
September 4, 2024 Filing 12 NOTICE of Service of Request for Production by Nationwide Property and Casualty Company (Eckert, William)
September 4, 2024 Filing 11 NOTICE of Service of Request for Admissions by Nationwide Property and Casualty Company (Eckert, William)
September 4, 2024 Filing 10 NOTICE of Service of Defendant's Rule 26 Disclosure by Nationwide Property and Casualty Company (Collarini, Daniel)
August 28, 2024 Filing 9 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 9/23/2024 at 11:00 AM before Magistrate Judge Bradley W. Rath. (AB)
August 28, 2024 Opinion or Order TEXT ONLY ORDER directing Plaintiffs to take action to move the case against non-responding Defendant Justin Lee Freeman forward within thirty days. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 8/28/24 (HM)
August 8, 2024 Opinion or Order Filing 8 AGREED ORDER granting #6 Motion to Strike Prayer for Attorney's Fees Signed by District Judge Louis Guirola, Jr on 08/08/2024 (Guirola, Louis) Modified on 8/8/2024 (wld).
August 6, 2024 Filing 7 State Court Record by Defendant Nationwide Property and Casualty Company (Eckert, William)
July 31, 2024 Filing 6 MOTION to Strike Prayer for Attorney's Fees by Nationwide Property and Casualty Company (Eckert, William)
July 30, 2024 Filing 5 MOTION to Waive Medical Privilege of Plaintiffs by Nationwide Property and Casualty Company (Eckert, William)
July 30, 2024 Filing 4 Corporate Disclosure Statement by Nationwide Property and Casualty Company identifying Corporate Parent Nationwide Mutual Insurance Company, Other Affiliate Nationwide General Insurance Company for Nationwide Property and Casualty Company. (Eckert, William)
July 30, 2024 Filing 3 ANSWER to Complaint with Jury Demand and Motion to Strike Prayer for Attorney's Fees by Nationwide Property and Casualty Company.(Eckert, William)
July 30, 2024 Filing 2 NOTICE of Compliance by Nationwide Property and Casualty Company (Attachments: #1 Exhibit A - Copy of County Court District of Jackson Court File)(Eckert, William)
July 30, 2024 DOCKET ANNOTATION as to #3. Incorrect event code selected. Counsel should have selected "Answer to Complaint (Notice of Removal)" which can be found under "Other Answers." Counsel does not need to refile the answer; however, this document appears to be a combined answer and Motion to Strike. The motion should be filed as a separate document. (wld)
July 29, 2024 Filing 1 NOTICE OF REMOVAL by Nationwide Property and Casualty Company from Jackson County County Court, case number 30CO1:24cv20908. Lower court jury demand. (Filing fee $ 405; receipt number 5460707) 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 - Plaintiff's Complaint, #2 Exhibit B - Ohio Secretary of State Listing for Nationwide General Insurance Company, #3 Exhibit C - MS Uniform Crash Report, #4 Exhibit D - Email from Plaintiff's counsel, #5 Exhibit E - Emails for plaintiff's counsel and medical bills from Plaintiff Rebecca Smith, #6 Exhibit F - Notice of Filing, #7 Civil Cover Sheet)(JCH)

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Defendant: Justin Lee Freeman
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Defendant: Nationwide Property and Casualty Company
Represented By: William H. Eckert
Represented By: Daniel G. Collarini
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Plaintiff: Rachel Motakhaveri
Represented By: Matthew Stephen Lott
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Plaintiff: Rebecca Smith
Represented By: Matthew Stephen Lott
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