Dillon v. Progressive Casualty Insurance Company
| Katherine Dillon |
| Progressive Casualty Insurance Company, Artisan and Truckers Casualty Company and Progressive Corporation |
| 6:2017cv00099 |
| October 18, 2017 |
| US District Court for the District of Montana |
| Helena Office |
| LEWIS & CLARK |
| Charles C Lovell |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 16, 2019. A more recent docket listing may be available from PACER.
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Filing 58
ORDERED: this matter is DISMISSED WITH PREJUDICE. Each party shall bear their own costs and attorney fees. Signed by Judge Charles C. Lovell on 9/16/2019. (HEG)
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| Filing 57 Joint MOTION to Dismiss Geoffrey C. Angel appearing for Plaintiff Katherine Dillon (Attachments: #1 Text of Proposed Order) (Angel, Geoffrey) |
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Filing 56
ORDERED: The Preliminary Pretrial Conference set for September 13, 2019, and the deadlines established by the Court's April 30, 2019, Order (Doc. 31) are VACATED. Dismissal Papers due by 10/4/2019. Signed by Judge Charles C. Lovell on 8/26/2019. (HEG)
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| Filing 55 NOTICE of Settlement (Stipulated) by Artisan and Truckers Casualty Company, Progressive Casualty Insurance Company, Progressive Corporation (Winquist, Justin) |
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Filing 54
Order Vacating 9/11/2019 PPTC and resetting it set for 9/13/2019 at 09:30 AM in Helena, MT before Judge Charles C. Lovell.Contract Court Reporter is Needed. Signed by Judge Charles C. Lovell on 8/13/2019. (DED)
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| Filing 53 REPLY to Response to Motion re #37 MOTION to Dismiss for Lack of Jurisdiction or In the Alternative Failure to State a Claim filed by Progressive Corporation. (Attachments: #1 Exhibit A - Declaration of Michael Uth) (Winquist, Justin) |
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Filing 52
ORDER granting #51 Motion for Extension of Time to File Response/Reply re #37 MOTION to Dismiss for Lack of Jurisdiction or In the Alternative Failure to State a Claim Replies due by 8/2/2019. Motions ripe 8/2/2019. Signed by Judge Charles C. Lovell on 7/24/2019. (DED)
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| Filing 51 Unopposed MOTION for Extension of Time to File Response/Reply as to #37 MOTION to Dismiss for Lack of Jurisdiction or In the Alternative Failure to State a Claim Casie D. Collignon appearing for Defendant Progressive Corporation (Attachments: #1 Proposed Order) (Collignon, Casie) |
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Filing 50
ORDER granting #49 Motion for Extension of Time to File Response/Reply re #37 MOTION to Dismiss for Lack of Jurisdiction or In the Alternative Failure to State a Claim Replies due by 7/26/2019. Motions ripe 7/26/2019. Signed by Judge Charles C. Lovell on 7/8/2019. (DED)
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| Filing 49 Unopposed MOTION for Extension of Time to File Response/Reply as to #37 MOTION to Dismiss for Lack of Jurisdiction or In the Alternative Failure to State a Claim Casie D. Collignon appearing for Defendant Progressive Corporation (Attachments: #1 Proposed Order) (Collignon, Casie) |
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Filing 48
ORDERED: Defendant's motion for an extension to file its reply brief is granted, and Progressive Corporations's reply brief is due on or before July 15, 2019. Signed by Judge Charles C. Lovell on 6/26/2019. (HEG)
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| Filing 47 Unopposed MOTION for Extension of Time to File Response/Reply as to #46 Response to Motion, to Dismiss Justin T. Winquist appearing for Defendant Progressive Corporation (Attachments: #1 Text of Proposed Order) (Winquist, Justin) |
| Filing 46 RESPONSE to Motion re #37 MOTION to Dismiss for Lack of Jurisdiction or In the Alternative Failure to State a Claim filed by Katherine Dillon. (Attachments: #1 Exhibit Montana Policy Cover, #2 Exhibit Progressive 10Q, #3 Exhibit Claims Correspondence, #4 Exhibit Website Excerpts) (Angel, Geoffrey) |
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Filing 45
ORDERED: Plaintiff shall have until June 24, 2019 in which to file a response to #44 . Signed by Judge Charles C. Lovell on 6/17/2019. (HEG)
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| Filing 44 Unopposed MOTION for Extension of Time to File Response/Reply as to #38 Brief/Memorandum in Support, Motion to Dismiss Geoffrey C. Angel appearing for Plaintiff Katherine Dillon (Attachments: #1 Text of Proposed Order Order) (Angel, Geoffrey) |
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Filing 43
ORDERED: Plaintiff's Unopposed Motion to Vacate Clerk's Entry of Default (Doc. 39) is GRANTED. The Clerk is directed to set aside the defaults entered against Defendant Progressive Corporation and Defendant Artisan and Truckers Casualty Company. Signed by Judge Charles C. Lovell on 6/7/2019. (HEG)
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| Filing 42 Corporate Disclosure Statement by Artisan and Truckers Casualty Company identifying Corporate Parent Progressive Commercial Holdings, Inc. for Artisan and Truckers Casualty Company.. (Winquist, Justin) |
| Filing 41 Corporate Disclosure Statement by Progressive Corporation. (Winquist, Justin) |
| Filing 40 ANSWER to #17 Complaint with Jury Demand by Artisan and Truckers Casualty Company. (Winquist, Justin) |
| Filing 39 Unopposed MOTION to Set Aside Default Geoffrey C. Angel appearing for Plaintiff Katherine Dillon (Attachments: #1 Text of Proposed Order Order to Vacate Default) (Angel, Geoffrey) |
| Filing 38 Brief/Memorandum in Support re #37 MOTION to Dismiss for Lack of Jurisdiction or In the Alternative Failure to State a Claim filed by Progressive Corporation. (Attachments: #1 Exhibit A - Declaration of Michael Uth) (Collignon, Casie) |
| Filing 37 MOTION to Dismiss for Lack of Jurisdiction or In the Alternative Failure to State a Claim Casie D. Collignon appearing for Defendant Progressive Corporation (Collignon, Casie) |
| Filing 36 SET ASIDE PER #43 Clerk's ENTRY OF DEFAULT as to Artisan and Truckers Casualty Company. (HEG) Modified on 6/7/2019 to add text per #43 (HEG). |
| Filing 35 SET ASIDE PER #43 Clerk's ENTRY OF DEFAULT as to Progressive Corporation. (HEG) Modified on 6/7/2019 to add text per #43 (HEG). |
| Filing 34 MOTION for Entry of Default Progressive Corporation Geoffrey C. Angel appearing for Plaintiff Katherine Dillon (Attachments: #1 Affidavit Proof of Service, #2 Text of Proposed Order Proposed Default) (Angel, Geoffrey) |
| Filing 33 MOTION for Entry of Default Artisan and Truckers Geoffrey C. Angel appearing for Plaintiff Katherine Dillon (Attachments: #1 Affidavit Proof of Service, #2 Text of Proposed Order Proposed Default) (Angel, Geoffrey) |
| Filing 32 Progressive Casualty Insurance Company's ANSWER to #17 Complaint with Jury Demand by Progressive Casualty Insurance Company. (Collignon, Casie) |
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Filing 31
ORDERED: Plaintiff's motion for extension (Doc. 29) is GRANTED. Plaintiff shall serve any unserved defendant on or before May 31, 2019. Plaintiff shall serve a copy of this order with the summons and complaint. Disclosure due by 6/28/2019, Preliminary Pretrial Statement due by 8/26/2019, Statement of Stipulated Facts due by 8/26/2019, Preliminary Pretrial Conference set for 9/11/2019 at 09:30 AM in Helena, MT before Judge Charles C. Lovell. Signed by Judge Charles C. Lovell on 4/30/2019. (HEG) Modified on 6/28/2019 Tina Brilz to report (HEG).
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| Filing 30 Summons Issued as to Artisan and Truckers Casualty Company, Progressive Corporation. Copy provided to Counsel for Service. (Attachments: #1 Progressive Corporation Summons Issued) (HEG) |
| Filing 29 MOTION for Extension of Time to Serve Geoffrey C. Angel appearing for Plaintiff Katherine Dillon (Attachments: #1 Text of Proposed Order Proposed Order) (Angel, Geoffrey) |
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Filing 28
OPINION AND ORDER: Defendant Progressive Casualty InsuranceCompany's motion to dismiss Plaintiffs complaint (Doc. 9) is DENIED. IT IS FURTHER ORDERED that Defendant Progressive Casualty Insurance Company's motion to deny class certification (Doc. 9) is DENIED without prejudice. IT IS FURTHER ORDERED that Plaintiff Katherine Dillon's motion to certify class (Doc. 11) is DENIED without prejudice. Progressive Casualty Insurance Company answer or motion due 5/1/2019. Disclosure due by 5/30/2019. Preliminary Pretrial Statement due by 6/13/2019. Statement of Stipulated Facts due by 6/13/2019., Pretrial Conference set for 6/20/2019 at 09:30 AM in Helena, MT before Judge Charles C. Lovell. Signed by Judge Charles C. Lovell on 4/17/2019. (HEG)
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| Filing 27 MINUTE ENTRYMinute Entry for proceedings held before Judge Charles C. Lovell: Geoffrey Angel present on behalf of Plaintiff and Tammy Wyatt-Shaw and Casie Collignon present on behalf of Defendant. Court reviews matter to date with parties. Arguments presented and motions taken under advisement by the Court. Hearing commenced at 10:00 a.m. and concluded at 10:59 a.m.. (Court Reporter Tina Brilz.) (Law Clerk: R. French), (Hearing held in Helena) (DED) |
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Filing 26
ORDER granting Plaintiff's Unopposed Stipulated Motion Reset Hearing. April 23, 2019 oral arguments on #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Deny Class Certification, and #11 MOTION to Certify Class is vacated and reset for 4/16/2019 at 10:00 AM in Helena, MT before Judge Charles C. Lovell. Signed by Judge Charles C. Lovell on 3/7/2019. (DED) Modified on 3/19/2019 Tina Brilz to report (HEG).
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| Remark: Conference call between parties and chambers set for 3/7/2019 at 2:00 p.m. Chambers will initiate call to counsel. (DED) |
| Filing 25 Unopposed Stipulated Motion to Reset Hearing Geoffrey C. Angel appearing for Plaintiff Katherine Dillon (Attachments: #1 Text of Proposed Order Order to Reset Hearing) (Angel, Geoffrey) |
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Filing 24
ORDER Signed by Judge Charles C. Lovell on 2/20/2019. (DED)
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Filing 23
ORDER granting unopposed motion to reschedule hearing and resetting hearing on Motion #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Deny Class Certification, and #11 MOTION to Certify Class for Tuesday, 4/23/2019 at 10:00 AM in Helena, MT before Judge Charles C. Lovell. Motions terminated: #22 Unopposed MOTION to Continue Hearing on Plaintiff's Motion to Certify Class and Defendant's Motion to Dismiss filed by Progressive Casualty Insurance Company. Signed by Judge Charles C. Lovell on 2/20/2019. (DED) Modified on 2/20/2019 Lisa Lesofski to report (HEG).
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| Filing 22 Unopposed MOTION to Continue Hearing on Plaintiff's Motion to Certify Class and Defendant's Motion to Dismiss Casie D. Collignon appearing for Defendant Progressive Casualty Insurance Company (Collignon, Casie) |
| Reset Hearings: Motions Hearing set for 3/29/2019 at 10:00 AM in Helena, MT before Judge Charles C. Lovell. (HEG) Modified on 2/12/2019 Lisa Lesofski to report (HEG). Modified on 2/20/2019 to update reporter info (HEG). |
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Filing 21
ORDER Setting Hearing on Motion #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Deny Class Certification, #11 MOTION to Certify Class : Motion Hearing set for 3/29/2019 at 10:00 AM in Helena, Paul G. Hatfield Courthouse before Judge Charles C. Lovell. Signed by Judge Charles C. Lovell on 2/8/2019. (DED)
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| Filing 20 REPLY to Response to Motion re #11 MOTION to Certify Class filed by Katherine Dillon. (Attachments: #1 Exhibit Check for Loss of Use) (Angel, Geoffrey) |
| Filing 19 Response to Motion re #11 MOTION to Certify Class , Reply to Response #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Deny Class Certification , RESPONSE to Motion filed by Progressive Casualty Insurance Company. (Attachments: #1 Exhibit A-Montana State Auditor Memo March 16, 2009, #2 Exhibit B-Montana State Auditor Memo April 22, 2008, #3 Exhibit C-Declaration of Michael Silver, #4 Exhibit D-Judge Haddon Order August 31, 2015, #5 Exhibit E-Declaration of Stephen McCain, #6 Exhibit F-Declaration of Brittney Nielsen, #7 Exhibit G-Declaration of Marianne Case, #8 Exhibit H-Declaration of Justin Winquist) (Collignon, Casie) Modified on 12/28/2017 to correct text for clarification (HEG). |
| Filing 18 REPLY to Response to Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Deny Class Certification filed by Progressive Casualty Insurance Company. (Collignon, Casie) |
| Filing 17 COMPLAINT against Progressive Casualty Insurance Company, filed by Katherine Dillon. (HEG) |
| Filing 16 NOTICE of Filing State Court Case Register Report. All original documents retained in Helena on open civil shelf. (HEG) |
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Filing 15
ORDER granting #13 Motion for Extension of Time to File Response/Reply re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Deny Class Certification Replies due by 11/22/2017. Defe. shall have until 12/22/2017 to file combined reply in support of motion to deny class certification and response in opposition to Pl.'s cross-motion to certify. Pl. to file reply to her motion to certify 14 days after Def's combined reply/response. Signed by Judge Charles C. Lovell on 11/20/2017. (MKB)
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| Filing 14 Brief/Memorandum in Support re #13 Unopposed MOTION for Extension of Time to File Response/Reply as to #10 Brief/Memorandum in Support, #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Deny Class Certification (Partially Unopposed) filed by Progressive Casualty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Collignon, Casie) |
| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply as to #10 Brief/Memorandum in Support, #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Deny Class Certification (Partially Unopposed) Casie D. Collignon appearing for Defendant Progressive Casualty Insurance Company (Attachments: #1 Proposed Order) (Collignon, Casie) |
| Filing 12 RESPONSE to Motion re #11 MOTION to Certify Class , #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Deny Class Certification Brief in Support of Motion to Certify Class filed by Katherine Dillon. (Attachments: #1 Exhibit Settlement Agreement, #2 Exhibit Class Action Complaint) (Angel, Geoffrey) |
| Filing 11 MOTION to Certify Class Geoffrey C. Angel appearing for Plaintiff Katherine Dillon (Angel, Geoffrey) |
| Filing 10 Brief/Memorandum in Support re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Deny Class Certification filed by Progressive Casualty Insurance Company. (Attachments: #1 Exhibit A - 2015 Complaint, #2 Exhibit B - 2015 Amended Complaint, #3 Exhibit C - 2015 Brief re MTD, #4 Exhibit D - Plaintiff Response to 2015 MTD, #5 Exhibit E - 2015 Order granting MTD) (Collignon, Casie) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Deny Class Certification Casie D. Collignon appearing for Defendant Progressive Casualty Insurance Company (Collignon, Casie) |
| Filing 8 Letter from Clerk of Court, Tyler P. Gilman to Justin T. Winquist regarding the requirements of CM/ECF registration. Copy mailed to counsel w/Order granting PHV. (HEG) |
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Filing 7
ORDER granting #4 Motion to Appear Pro Hac Vice for Attorney Casie D. Collignon for Progressive Casualty Insurance Company. Signed by Judge Charles C. Lovell on 10/24/2017. (HEG)
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Filing 6
ORDER granting #3 Justin T. Winquist Motion to Appear Pro Hac Vice. Copy of affidavit provided to S. N. for adding attorney information. Signed by Judge Charles C. Lovell on 10/24/2017. (HEG)
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| Remark: PHV Attorney Justin Winquist is now an electronic filer and will receive electronic notification in this matter. (HEG) |
| Filing 5 Notice of Undeliverable Electronic Notice: re #4 MOTION Casie D. Collignon to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2031438.), #1 Notice of Removal, #3 MOTION to Appear Pro Hac Vice Justin T. Winquist ( Filing fee $ 255 receipt number 0977-2031426.), #2 Corporate Disclosure Statement, Filing Fee Received. Name of attorney whose NEF was undeliverable: Tammy Wyatt Shaw. (MRC) |
| Filing 4 MOTION Casie D. Collignon to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2031438.) Tammy Wyatt-Shaw appearing for Defendant Progressive Casualty Insurance Company (Attachments: #1 Affidavit) (Wyatt-Shaw, Tammy) |
| Filing 3 MOTION to Appear Pro Hac Vice Justin T. Winquist ( Filing fee $ 255 receipt number 0977-2031426.) Tammy Wyatt-Shaw appearing for Defendant Progressive Casualty Insurance Company (Attachments: #1 Affidavit) (Wyatt-Shaw, Tammy) |
| Filing 2 Corporate Disclosure Statement by Progressive Casualty Insurance Company. (Wyatt-Shaw, Tammy) |
| Filing 1 NOTICE OF REMOVAL by Progressive Casualty Insurance Company from MT First Judicial Court, L&C County, case number BDV-2017-19., filed by Progressive Casualty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 State Court Documents) (HEG) Modified on 10/18/2017 Attorney information for Wyatt-Shaw entered at case opening was incorrect and has been updated. NEF regenerated to defense counsel and support staff. (HEG). |
| Filing fee received: $ 400, receipt number 0977-2030816. (HEG) |
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