Philadelphia Indemnity Insurance Company et al v. Angi Inc.
| Philadelphia Indemnity Insurance Company and Prospect Village Condominium Association |
| Angi Inc. |
| Christopher Henry |
| 4:2022cv00642 |
| June 17, 2022 |
| US District Court for the Eastern District of Missouri |
| Stephen R Clark |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 43 Docket Text ORDER OF DISMISSAL: The Court orders that this case is dismissed without prejudice, pursuant to the [doc #42 ] Parties' Stipulation for Dismissal without Prejudice. Signed by Chief District Judge Stephen R. Clark on 9/18/2023. (LNJ) |
| Filing 42 STIPULATION of Dismissal by Plaintiff Philadelphia Indemnity Insurance Company. (Policastro, Matthew) |
| Filing 41 Docket Text ORDER: The Court received notice that the parties reached a settlement. The Court denies without prejudice all pending motions, stays all pending deadlines, and vacates the jury trial set for March 4, 2024. By no later than September 22, 2023, the parties must file a stipulation of dismissal, motion to dismiss, or consent judgment. Failure to timely comply with this order will result in the dismissal of this action with prejudice and without further notice. (Dismissal Paper(s) due by 9/22/2023.) Signed by Chief District Judge Stephen R. Clark on 8/23/2023. (LNJ) |
| Filing 40 STATUS REPORT Join Case Status Report by Philadelphia Indemnity Insurance Company, Prospect Village Condominium Association. (Policastro, Matthew) |
| Filing 39 ADR COMPLIANCE REPORT Neutral: Wuestling, Richard C.. Date of Conference: 8/8/2023. The parties participated in good faith. The parties did not achieve a settlement.(CLT) |
| Filing 38 MEMORANDUM in Support of Motion re #34 MOTION for Summary Judgment filed by Defendant Angi Inc. (JAB) |
| Filing 37 Docket Text ORDER: The Court grants Defendant Angi Inc's #36 Motion to Exceed Page Limitation. The Court directs the Clerk of Court to detach Doc. 36-1 and docket it as Angi's Memorandum in Support of Its Motion for Summary Judgment. Signed by Chief District Judge Stephen R. Clark on 8/8/23. (JAB) |
| Filing 36 MOTION for Leave to File in Excess of Page Limitation by Defendant Angi Inc.. (Attachments: #1 Exhibit Memorandum in Support of Its Motion for Summary Judgment)(Wacker, Lauren) |
| Filing 35 STATEMENT of Material Facts re #34 MOTION for Summary Judgment Statement of Uncontroverted Material Facts filed by Defendant Angi Inc.. (Attachments: #1 Exhibit A - Declaration of Jean Edugene, #2 Exhibit A-1 Highlighted Excerpts of Handy's User Agreement, #3 Exhibit A-2 Highlighted Excerpts of Handy's Service Professional Agreement, #4 Exhibit A-3 Chris Henry Service Professional Account Information, #5 Exhibit A-4 Carroll Booking Details and Profile Information, #6 Exhibit A-5 Christine Klaus Email Exchange)(Wacker, Lauren) |
| Filing 34 MOTION for Summary Judgment by Defendant Angi Inc.. (Wacker, Lauren) |
| Filing 33 Summons Issued as to third party defendant Christopher Henry. The summons was emailed to attorney Lauren Wacker. (JAB) |
| Filing 32 NOTICE OF PROCESS SERVER by Third Party Plaintiff Angi Inc. Process Server: Toni Kovar (Attachments: #1 Summons proposed Summons)(Wacker, Lauren) (Attachment 1 replaced on 6/30/2023) (JAB). |
| Filing 31 THIRD PARTY COMPLAINT against third party defendant Christopher Henry, filed by Angi Inc.(JAB) |
| Filing 30 Docket Text ORDER: Having considered Angi, Inc.'s #26 Motion for Leave to File Third-Party Complaint, and noting that Plaintiffs did not respond, the Court grants the Motion. The Court directs the Clerk of Court to detach Doc. 26-1 and docket it as Angi's Third-Party Complaint. The Court orders Angi to serve the third-party defendant, Christopher Henry, by summons, rather than waiver, as soon as possible. Signed by Chief District Judge Stephen R. Clark on 6/29/23. (JAB) |
| Filing 29 NOTICE of Appointment of Neutral. Neutral name: Wuestling, Richard C. Neutral selected by parties.(CLT) cc: Neutral via email. |
| Filing 28 Designation of Neutral by parties and ADR Conference Report by Plaintiffs Philadelphia Indemnity Insurance Company, Prospect Village Condominium Association Neutral: Wuestling, Richard C. Date of Conference: 08/08/2023 time: 9:00 a.m. Location: Lexitas St. Louis, 711 N. 11th Street, St. Louis, MO 63101(Policastro, Matthew) |
| Filing 27 Docket Text ORDER: The Court orders Plaintiffs to respond no later than June 21, 2023 to #26 Defendant's Motion for Leave to File Third-Party Complaint. Defendant must file any reply no later than June 23, 2023. (Response to Court due by 6/21/2023.) Signed by Chief District Judge Stephen R. Clark on 6/20/2023. (CLT) |
| Filing 26 MOTION for Leave to File Third-Party Complaint by Defendant Angi Inc.. (Attachments: #1 Exhibit 1 - Third Party Complaint)(Wacker, Lauren) |
Filing 25
ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation. Designation of Lead Counsel: Matthew F Policastro. SEE ORDER FOR DETAILS. (ADR Completion Deadline due by 8/15/2023. ADR Compliance Report Deadline due by 8/29/2023. Designation of Neutral/Conference Report due by 6/23/2023.) Signed by Chief District Judge Stephen R. Clark on 6/1/2023. (CLT) Modified ADR Compliance Report deadline on 6/2/2023 (CLH).
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| Filing 24 CASE MANAGEMENT ORDER: This case is assigned to Track: 2. SEE ORDER FOR DETAILS. Motion to Join Parties due by 6/16/2023. Discovery Completion due by 9/29/2023. ADR Future Reference 6/1/2023. Dispositive Motions due by 10/31/2023. Jury Trial set for 3/4/2024 09:00 AM in Courtroom 14N - St. Louis before Chief District Judge Stephen R. Clark. Pretrial Conference set for 2/26/2024 01:30 PM in Courtroom 14N - St. Louis before Chief District Judge Stephen R. Clark. Signed by Chief District Judge Stephen R. Clark on 3/8/2023. (CLT) |
| Filing 23 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before Chief District Judge Stephen R. Clark:Rule 16 Conference held on 3/7/2023. Conference held by Zoom Teleconference. CMO to issue. (proceedings started: 4:04 pm) (proceedings ended: 4:29 pm) (Appearance for Plaintiff: Matthew Policastro)(Appearance for Defendant: Lauren Wacker) (LNJ) |
| Filing 22 JOINT SCHEDULING PLAN by Plaintiff Philadelphia Indemnity Insurance Company. . (Policastro, Matthew) |
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Filing 21
ORDER SETTING RULE 16 SCHEDULING CONFERENCE: This case is assigned to Track: 2. Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a scheduling conference is set for March 7, 2023 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. No later than February 24, 2023, counsel shall file with the Clerk of the Court a joint proposed scheduling plan. (SEE ORDER FOR DETAILS.) (Joint Scheduling Plan due by 2/24/2023. Rule 16 Conference set for 3/7/2023 04:00 PM in Zoom Video Conference before Chief District Judge Stephen R. Clark.) Signed by Chief District Judge Stephen R. Clark on 2/2/2023. (LNJ)
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| Filing 20 ANSWER to #19 Amended Complaint by Angi Inc..(Wacker, Lauren) |
| Filing 19 AMENDED COMPLAINT against defendant Angi Inc. , filed by Philadelphia Indemnity Insurance Company, Prospect Village Condominium Association.(Policastro, Matthew) |
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Filing 18
ORDER: The Court grants #17 Plaintiff's Amended Motion for Leave to Amend its Complaint. The Court orders Plaintiffs to file a clean version of the proposed First Amended Complaint by no later than January 13, 2023. SEE ORDER FOR DETAILS. Signed by Chief District Judge Stephen R. Clark on 1/12/2023. (CLT)
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| Filing 17 MOTION to Amend/Correct Plaintiff's Amended Motion for Leave to Amend Its Complaint by Plaintiffs Philadelphia Indemnity Insurance Company, Prospect Village Condominium Association. (Attachments: #1 Exhibit A - Proposed First Amended Complaint)(Policastro, Matthew) |
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Filing 16
Docket Text ORDER: Plaintiffs' #15 MOTION for Leave to Amend Its Complaint is denied without prejudice for failure to comply with Judge's Requirements. Signed by District Judge Stephen R. Clark on 12/12/2022. (LNJ)
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| Filing 15 MOTION for Leave to Amend Its Complaint by Plaintiffs Philadelphia Indemnity Insurance Company, Prospect Village Condominium Association. (Attachments: #1 Exhibit A)(Policastro, Matthew) |
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Filing 14
MEMORANDUM AND ORDER: Accepting as true all well-pleaded factual allegations in the Complaint and drawing all reasonable inferences in Plaintiffs' favor, the Court finds that Plaintiffs fail to plausibly allege a masterservant relationship between Angi and the plumber. Therefore, Plaintiffs have not stated a claim for negligence under a theory of respondeat superior. Accordingly, the Court grants Angis #10 Motion to Dismiss, dismissing the #1 Complaint without prejudice. Signed by District Judge Stephen R. Clark on 11/22/22. (JAB)
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| Filing 13 REPLY re #10 MOTION to Dismiss Case filed by Defendant Angi Inc.. (Wacker, Lauren) Modified entry text on 8/30/2022 (LNJ). |
| Filing 12 MEMORANDUM in Opposition re #10 MOTION to Dismiss Case filed by Plaintiff Philadelphia Indemnity Insurance Company. (Policastro, Matthew) |
| Filing 11 MEMORANDUM in Support of Motion re #10 MOTION to Dismiss Case filed by Defendant Angi Inc.. (Wacker, Lauren) |
| Filing 10 MOTION to Dismiss Case by Defendant Angi Inc.. (Wacker, Lauren) |
| Filing 9 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Angi Inc.. No corporate parents or affiliates identified. (Wacker, Lauren) |
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Filing 8
Docket Text ORDER: Re: #7 MOTION for Addtional Time With Consent by Lauren M. Wacker for Defendant Angi Inc. (Wacker, Lauren) ; ORDERED GRANTED. Angi Inc. answer due 8/3/2022. Signed by District Judge Stephen R. Clark on 7/18/22. (JAB)
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| Filing 7 MOTION for Addtional Time With Consent and ENTRY of Appearance by Lauren M. Wacker for Defendant Angi Inc.. (Wacker, Lauren) Modified on 7/15/2022; added motion event (JAB). |
| Filing 6 SUMMONS Returned Executed filed by Philadelphia Indemnity Insurance Company. Angi Inc. served on 6/29/2022, answer due 7/20/2022. (Policastro, Matthew) |
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Filing 5
Docket Text ORDER: The Court grants the #4 motion for leave to appear pro hac vice. Signed by District Judge Stephen R. Clark on 6/24/22. (JAB)
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| Filing 4 MOTION for Leave to Appear Pro Hac Vice Matthew F. Policastro. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9364681) by Plaintiff Philadelphia Indemnity Insurance Company. (Attachments: #1 Certificate of Good Standing Illinois and Michigan Certificate of Good Standing)(Policastro, Matthew) |
| Filing 3 DISCLOSURE of Organizational Interests Certificate by Plaintiffs Philadelphia Indemnity Insurance Company a/s/o Prospect Village Condominium Association, Prospect Village Condominium Association. (Saber, Marisa) Modified text on 7/11/2022 (CLT). |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiffs Philadelphia Indemnity Insurance Company a/s/o Prospect Village Condominium Association, Prospect Village Condominium Association Process Server: Notice of Process Server (Saber, Marisa) |
| Filing 1 COMPLAINT against defendant Angi Inc. with receipt number AMOEDC-9353970, in the amount of $402 Jury Demand,, filed by Philadelphia Indemnity Insurance Company a/s/o Prospect Village Condominium Association, Prospect Village Condominium Association. (Attachments: #1 Civil Cover Sheet Civil Cover Sheeet, #2 Original Filing Form Original Filing Form, #3 Summons Summons)(Saber, Marisa) |
| Case Opening Notification. Judge Assigned: Honorable Stephen R. Clark. 1 Summons(es) issued and emailed to Attorney Marisa L. Saber. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). (JDC) |
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