Fryer et al v. UMIA et al
| Donna Fryer and Barbara Davison |
| UMIA and Constellation, Inc. a mutual insurance holding company doing business as Constellation (R) |
| 1:2022cv00014 |
| February 22, 2022 |
| US District Court for the District of Montana |
| Timothy J Cavan |
| Susan P Watters |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Defendant |
Docket Report
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This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.
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Filing 25
ORDER re #24 Notice of Substitution of Counsel filed by Constellation, Inc., UMIA, Attorney John Larrimore Wright for Constellation, Inc.,John Larrimore Wright for UMIA added. IT IS HEREBY ORDERED that the law firm of Halverson, Mahlen & Wright P.C. be substituted for the Brown Law Firm P.C. as attorney of record for Plaintiff UMIA Insurance, Inc., in this action. Signed by Magistrate Judge Timothy J. Cavan on 4/19/2022. (JDH)
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Filing 24
NOTICE of Substitution of Counsel by Constellation, Inc., UMIA (Attachments: #1 Proposed Order for Substitution) (Malloy, Mark)
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Filing 23
SCHEDULING ORDER. Amended Pleadings and Joinder of Parties due by 7/1/2022. Discovery due by 1/20/2023 (discovery must be served so that responses are due on or before this date). Motions due by 2/24/2023 (except motions otherwise scheduled). Signed by Magistrate Judge Timothy J. Cavan on 4/12/2022. (JDH)
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Filing 22
MINUTE ENTRY for proceedings held before Magistrate Judge Timothy J. Cavan: Telephonic Pretrial Conference held on 4/12/2022. Order to follow. (LNA)
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Filing 21
STATEMENT OF STIPULATED FACTS by Barbara Davison, Donna Fryer. (Eiselein, Michael)
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Filing 20
JOINT DISCOVERY PLAN by Barbara Davison, Donna Fryer. (Eiselein, Michael)
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Filing 19
PRELIMINARY PRETRIAL STATEMENT by Barbara Davison, Donna Fryer. (Eiselein, Michael)
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Filing 18
PRELIMINARY PRETRIAL STATEMENT by UMIA. (Malloy, Mark)
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Filing 17
ORDERED: Plaintiffs unopposed motion for extension of time to respond to Defendants' Motion for Summary Judgment is GRANTED. Plaintiffs shall file their response to Defendants Motion for Summary Judgment by April 25, 2022. Signed by Magistrate Judge Timothy J. Cavan on 3/30/2022. (HEG)
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Filing 16
MOTION for Extension of Time to File Response/Reply as to #11 First MOTION for Summary Judgment Against Plaintiffs Donna Fryer and Barbara Davidson Jon M. Moyers appearing for Plaintiff Barbara Davison Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Moyers, Jon)
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Filing 15
Order Withholding Consent. Consent to the jurisdiction of the U.S. Magistrate Judge having been either withheld or met with objection, this case remains ASSIGNED to the Honorable Susan P. Watters. The case remains REFERRED to the Honorable Timothy J. Cavan. Signed by Judge Susan P. Watters on 3/14/2022. (JLE)
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Filing 14
AFFIDAVIT/DECLARATION re #11 First MOTION for Summary Judgment Against Plaintiffs Donna Fryer and Barbara Davidson by Constellation, Inc., UMIA. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Wilson, Jon)
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Filing 13
Statement of Undisputed Fact re: #11 First MOTION for Summary Judgment Against Plaintiffs Donna Fryer and Barbara Davidson by Constellation, Inc., UMIA filed by Constellation, Inc., UMIA. (Wilson, Jon)
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Filing 12
Brief/Memorandum in Support re #11 First MOTION for Summary Judgment Against Plaintiffs Donna Fryer and Barbara Davidson filed by Constellation, Inc., UMIA. (Wilson, Jon)
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Filing 11
First MOTION for Summary Judgment Against Plaintiffs Donna Fryer and Barbara Davidson Jon A. Wilson appearing for Defendants Constellation, Inc., UMIA Motions referred to Timothy J. Cavan. (Wilson, Jon)
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Filing 10
NOTICE of Acknowledgment of Pro Hac Vice Order by Constellation, Inc., UMIA re #6 Order on Motion to Appear Pro Hac Vice,, (Wilson, Jon)
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Filing 9
SERVICE OF CONSENT to Magistrate Judge as Presiding Judge form.Consent/Objection to USMJ Form due by 3/11/2022. (JLE)
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Filing 6
ORDER granting #5 Motion to Appear Pro Hac Vice for Attorney Mark D. Malloy for Constellation, Inc. and UMIA. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. IT IS FURTHER ORDERED that this Order is subject to withdrawal unless the Applicant Attorney, within fifteen (15) days of the date of this Order, files a pleading acknowledging admission under the terms set forth above. Signed by Magistrate Judge Timothy J. Cavan on 2/23/2022. (HEG)
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Filing 5
MOTION Mark D. Malloy to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2818191.) Jon A. Wilson appearing for Defendants Constellation, Inc., UMIA Motions referred to Timothy J. Cavan. (Attachments: #1 Exhibit 1 Declaration of Mark Malloy, #2 Text of Proposed Order) (Wilson, Jon)
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Filing 8
COMPLAINT filed in State Court against Constellation, Inc., UMIA, filed by Donna Fryer, Barbara Davison. (JDH)
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Filing 7
STATE COURT FILE: DV-22-27, MT 13th Judicial District Court, Yellowstone County. (Attachments: #1 State Court File, #2 File Receipt) (JDH)
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Filing 4
ORDER SETTING TELEPHONIC PRELIMINARY PRETRIAL CONFERENCE: Preliminary Pretrial Statement, Joint Discovery Plan and Statement of Stipulated Facts due by 4/5/2022. A telephonic Preliminary Pretrial Conference shall be held on April 12, 2022 at 11:00 a.m. before Magistrate Judge Timothy J. Cavan. Lead trial counsel for the respective parties are required to participate in the conference. Counsel shall use the Courts conferencing system. See order for call-in information. Signed by Magistrate Judge Timothy J. Cavan on 2/22/2022. (HEG)
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Filing 3
Disclosure Statement by Constellation, Inc., UMIA. (Wilson, Jon)
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Filing 2
Defendants UMIA Insurance, Inc.'s and Constellation, Inc.'s ANSWER to Complaint with Jury Demand by Constellation, Inc., UMIA. (Wilson, Jon)
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Filing 1
NOTICE OF REMOVAL by UMIA, Constellation, Inc. from MT 13th Judicial District Court, case number DV-22-27., filed by UMIA, Constellation, Inc. (Attachments: #1 Exhibit 1 Service of Process-UMIA, #2 Exhibit 2 Eiselein LT CCN, #3 Exhibit 3 Summons-UMIA, #4 Exhibit 4 Complaint and DFJT, #5 Exhibit 5 Affidavit of Service, #6 Exhibit 6 Moyers email to Wilson, #7 Exhibit 7 Notice to State Crt re removal, #8 Civil Cover Sheet) (JDH)
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Filing fee received: $ 402.00, receipt number AMTDC-2816813 (JDH)
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