Vogt v. K&B Auto Sales LLC et al
| Lillian Louise Morgan Vogt |
| K&B Auto Sales LLC and Progressive Casualty Insurance Company |
| 4:2022cv00385 |
| April 1, 2022 |
| US District Court for the Eastern District of Missouri |
| Stephen R Clark |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Both |
Docket Report
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This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.
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| Filing 38 Docket Text ORDER: Having reviewed the parties' #34 Joint Motion for Discovery Order Approving Stipulated Electronically Stored Information Protocol, the Court denies the Motion without prejudice. The parties may stipulate among themselves regarding ESI protocol; however, the Court need not enter an order regarding ESI at this time. Signed by Chief District Judge Stephen R. Clark on 2/6/23. (JAB) |
| Filing 37 PROTECTIVE ORDER. Signed by Chief District Judge Stephen R. Clark on 2/6/23. (JAB) |
| Filing 36 Docket Text ORDER: The Court grants #35 Joint Motion for Protective Order. Signed by Chief District Judge Stephen R. Clark on 2/6/23. (JAB) |
| Filing 35 Joint MOTION for Protective Order by Defendant Progressive Casualty Insurance Company. (Attachments: #1 Text of Proposed Order Stipulated Protective Order)(Mesko, Jennifer) |
| Filing 34 Joint MOTION for Discovery Order Approving Stipulated Electronically Stored Information Protocol by Defendant Progressive Casualty Insurance Company. (Attachments: #1 Text of Proposed Order Stipulated Order Governing Discovery of Electronically Stored Information)(Mesko, Jennifer) |
| Filing 33 SUPPLEMENTAL re #32 Supplemental Plaintiff's Response to Progressive's Supplemental Brief in Support of Jurisdiction by Plaintiff Lillian Louise Morgan Vogt. (Carnie, Kevin) |
| Filing 32 SUPPLEMENTAL re 31 Docket Text Order with Schedules, Brief In Support Jurisdiction by Defendant Progressive Casualty Insurance Company. (Attachments: #1 Exhibit Declaration of Michael Silver)(Mesko, Jennifer) |
Filing 31
Docket Text ORDER: Having considered the parties' #30 Joint Jurisdictional Report, the Court adopts the parties' proposed supplemental briefing schedule. Progressive must file its supplemental brief on jurisdiction by no later than November 2, 2022, and Vogt must file its response by no later than November 9, 2022. (Response to Court due by 11/2/2022.) Signed by District Judge Stephen R. Clark on 10/26/2022. (CLT)
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| Filing 30 REPORT TO COURT ORDER re #29 Case Management Order,, Joint Jurisdictional Report by Defendant Progressive Casualty Insurance Company. (Mesko, Jennifer) |
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Filing 29
CASE MANAGEMENT ORDER: IT IS HEREBY ORDERED that the following schedule shall apply in this case, and will be modified only upon a showing of exceptional circumstances: This case is assigned to Track: 3. SEE ORDER FOR DETAILS. Motion to Join Parties due by 12/1/2022. Discovery Completion due by 10/16/2023. ADR Future Reference 1/16/2024. Dispositive Motions due by 12/22/2023. Jury Trial set for 4/22/2024 09:00 AM in Courtroom 14N - St. Louis before District Judge Stephen R. Clark. Pretrial Conference set for 4/15/2024 01:30 PM in Courtroom 14N - St. Louis before District Judge Stephen R. Clark. Signed by District Judge Stephen R. Clark on 10/13/2022. (CLT)
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| Filing 28 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Stephen R. Clark: Rule 16 Conference held on 10/12/2022 via Zoom Teleconference. CMO to issue. (Notice only, no.pdf attached) (proceedings started: 4:02 p.m.) (proceedings ended: 4:46 p.m.) (Appearance for Plaintiff: Kevin Carnie, Patrick McPhail) (Appearance for Defendant: Jennifer Mesko, Kelly Baldini, Sandra Wunderlich). (CLT) |
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Filing 27
Docket Text ORDER: The Court grants, in the alternative, Plaintiffs #26 Unopposed Motion. The Court continues the Rule 16 conference to October 12, 2022 at 4:00 p.m. CT by Zoom. Conference participants will receive an email with a link to access the conference. Lead trial counsel must participate in the conference. (Rule 16 Conference set for 10/12/2022 04:00 PM in Zoom Video Conference before District Judge Stephen R. Clark.) Signed by District Judge Stephen R. Clark on 9/26/22. (JAB)
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| Filing 26 Unopposed MOTION for Leave to Excuse Lead Counsel from Attending Rule 16 Conference by Plaintiff Lillian Louise Morgan Vogt. (McPhail, Patrick) |
| Filing 25 JOINT SCHEDULING PLAN by Plaintiff Lillian Louise Morgan Vogt. Joint Proposed Scheduling Plan. (McPhail, Patrick) |
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Filing 24
ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Pursuant to the Civil Justice Reform Act Expense and Delay Reduction Plan and the Differentiated Case Management Program of the United States District Court of the Eastern District of Missouri, the Court orders the following schedule: SEE ORDER FOR DETAILS. This case is assigned to Track: 2. (Joint Scheduling Plan due by 9/23/2022. Rule 16 Conference set for 10/4/2022 04:40 PM in Zoom Video Conference before District Judge Stephen R. Clark.) Signed by District Judge Stephen R. Clark on 9/9/2022. (CLT)
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Filing 23
MEMORANDUM AND ORDER: The Court grants Progressive's #15 Motion to Dismiss counts 7 through 11 of Vogt's Second Amended Complaint. Signed by District Judge Stephen R. Clark on 9/8/2022. (CLT)
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Filing 22
MEMORANDUM AND ORDER: Accordingly, the Court grants K&B's #8 Motion to Dismiss, dismissing counts 1 and 2 of Vogt's Second Amended Complaint. The Court denies as moot K&B's alternative Motion for a More Definitive Statement. (SEE ORDER FOR DETAILS.) Signed by District Judge Stephen R. Clark on 6/29/2022. (LNJ)
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| Filing 21 REPLY to Response to Motion re #15 MOTION to Dismiss :Counts VII-XVI Of The Seconded Amended Petition filed by Defendant Progressive Casualty Insurance Company. (Mesko, Jennifer) |
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Filing 20
Docket Text ORDER: The Court grants #17 Plaintiff's Consent Motion for Extension of Time to Respond to Defendant Progressives Motion to Dismiss. Signed by District Judge Stephen R. Clark on 6/6/2022. (LNJ)
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| Filing 19 RESPONSE to Motion re #15 MOTION to Dismiss :Counts VII-XVI Of The Seconded Amended Petition Plaintiff's Response to Defendant Progressive's Motion to Dismiss filed by Plaintiff Lillian Louise Morgan Vogt. (Attachments: #1 Exhibit 1 - Attorney General Notice Regarding State Farm Settlement)(McPhail, Patrick) |
| Filing 18 ENTRY of Appearance by Kelly Ann Baldini for Defendant Progressive Casualty Insurance Company. (Baldini, Kelly) |
| Filing 17 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss :Counts VII-XVI Of The Seconded Amended Petition Plaintiff's Consent Motion for Extension of Time to Respond to Defendant Progressive's Motion to Dismiss by Plaintiff Lillian Louise Morgan Vogt. (McPhail, Patrick) |
| Filing 16 Defendant Progressive Casualty Insurance Company's ANSWER to Complaint Counts I-VI of Plaintiff's Seconded Amended Petition and Separate Defenses by Progressive Casualty Insurance Company.(Mesko, Jennifer) |
| Filing 15 MOTION to Dismiss :Counts VII-XVI Of The Seconded Amended Petition by Defendant Progressive Casualty Insurance Company. (Attachments: #1 Supplement Memorandum of Law In Support of Defendant Progressive Casualty Insurance Company's Motion To Dismiss Counts VII-XVI Of The Second Amended Petition For Failure To State A Claim, #2 Exhibit Insurance Company Search)(Mesko, Jennifer) |
| Filing 14 RESPONSE to Motion re #8 MOTION to Dismiss Case MOTION for More Definite Statement Plaintiff's Response to Defendant K&B Auto Sales LLC's Motion to Dismiss filed by Plaintiff Lillian Louise Morgan Vogt. (McPhail, Patrick) |
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Filing 13
Docket Text ORDER: The Court grants #11 MOTION for Leave to Appear Pro Hac Vice. Signed by District Judge Stephen R. Clark on 4/7/2022. (CLO)
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Filing 12
Docket Text ORDER: Re: #10 Consent MOTION for Extension of Time to File Answer re #7 Amended Petition (Removal/Transfer) by Defendant Progressive Casualty Insurance Company. (Wunderlich, Sandra) ; ORDERED GRANTED. Progressive Casualty Insurance Company answer due 5/6/2022. The Court does not anticipate granting further extensions. Signed by District Judge Stephen R. Clark on 4/6/22. (JAB)
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| Filing 11 MOTION for Leave to Appear Pro Hac Vice Jennifer L. Mesko. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9224124) by Defendant Progressive Casualty Insurance Company. (Attachments: #1 Certificate of Good Standing)(Mesko, Jennifer) |
| Filing 10 Consent MOTION for Extension of Time to File Answer re #7 Amended Petition (Removal/Transfer) by Defendant Progressive Casualty Insurance Company. (Wunderlich, Sandra) |
| Filing 9 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant K&B Auto Sales LLC. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Wayman, Kevin) |
| Filing 8 MOTION to Dismiss Plaintiff's Second Amended Petition for Failure to State A Claim Upon Which Relief Can Be Granted and alternative, MOTION for More Definite Statement by Defendant K&B Auto Sales LLC. (BAK) |
| Filing 7 Second Amended Petition (Removal/Transfer) Received From: Circuit Court, City of St Louis, filed by Lillian Louise Morgan Vogt.(BAK) |
| Filing 6 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Progressive Casualty Insurance Company Sent To: State Court - Executed (Wunderlich, Sandra) |
| Filing 5 First Amended Petition (Removal/Transfer) Received From: Circuit Court, City of St Louis, filed by Lillian Louise Morgan Vogt.(BAK) |
| Filing 4 Petition (Removal/Transfer) Received From: Circuit Court, City of St Louis, filed by Lillian Louise Morgan Vogt.(BAK) |
| Case Opening Notification. Judge Assigned: U.S. District Judge Stephen R. Clark. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). (BAK) |
| Filing 3 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Progressive Casualty Insurance Company. Parent companies: Drive Insurance Holdings, Inc.; The Progressive Corporation, Subsidiaries: n/a, Publicly held company: n/a,. (Wunderlich, Sandra) |
| Filing 2 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Progressive Casualty Insurance Company Sent To: Plaintiff (Wunderlich, Sandra) |
| Filing 1 NOTICE OF REMOVAL from 21st Judicial Circuit, St. Louis County, Missouri, case number 21SL-AC01922, with receipt number AMOEDC-9217718, in the amount of $402 Jury Demand,, filed by Progressive Casualty Insurance Company. (Attachments: #1 Exhibit A - State Court File, #2 Attachment Pending Motion in State Court Action, #3 Original Filing Form, #4 Civil Cover Sheet)(Wunderlich, Sandra) |
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