Brodowy et al v. Progressive Direct Insurance Company et al
Plaintiff: James Brodowy and Margaret Brodowy
Defendant: Progressive Direct Insurance Company doing business as Progressive Direct Auto and John Does I-V
Case Number: 6:2022cv00030
Filed: May 11, 2022
Court: US District Court for the District of Montana
Presiding Judge: Kathleen L DeSoto
Referring Judge: John Johnston
2 Judge: Brian Morris
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 28, 2023 Opinion or Order Filing 60 USCA Case Number 23-35621 and Time Schedule Order for #59 Notice of Appeal, filed by Margaret Brodowy, James Brodowy. (SGN)
September 26, 2023 Opinion or Order Filing 59 NOTICE OF APPEAL as to #54 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment by James Brodowy, Margaret Brodowy. Filing fee $ 505, receipt number AMTDC-3133930. (Attachments: #1 Exhibit A - Representation Statement) (Dailey, Timothy)
September 22, 2023 Opinion or Order Filing 58 Costs Taxed in amount of $ 2369.40 against Plaintiffs James Brodowy and Margaret Brodowy (APP)
September 22, 2023 Opinion or Order Terminate Deadlines and Hearings-Objection to Taxation of Costs 09/20/2023. (APP)
September 6, 2023 Opinion or Order Filing 57 AFFIDAVIT/DECLARATION re #56 Application for Taxation of Costs by Progressive Direct Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Miltko, Susan)
September 6, 2023 Opinion or Order Filing 56 APPLICATION FOR TAXATION OF COSTS by Progressive Direct Insurance Company. (Miltko, Susan)
September 1, 2023 Opinion or Order Filing 55 CLERK'S JUDGMENT (APP)
September 1, 2023 Opinion or Order Filing 54 ORDER denying #27 Motion for Partial Summary Judgment; granting #31 Motion for Summary Judgment. Signed by Magistrate Judge Kathleen L. DeSoto on 9/1/2023. (APP)
August 24, 2023 Opinion or Order Filing 53 Unopposed MOTION for Hearing re #44 MOTION in Limine . Timothy E. Dailey appearing for Plaintiffs James Brodowy, Margaret Brodowy. (Attachments: #1 Text of Proposed Order) (Dailey, Timothy)
August 24, 2023 Opinion or Order Filing 52 REPLY to Response to Motion re #42 MOTION in Limine filed by Progressive Direct Insurance Company. (Miltko, Susan)
August 24, 2023 Opinion or Order Filing 51 REPLY to Response to Motion re #44 MOTION in Limine filed by James Brodowy, Margaret Brodowy. (Sherwood, Michael)
August 15, 2023 Opinion or Order Terminate Deadlines and Hearings-Motions Deadline 06/23/2023. (APP)
August 10, 2023 Opinion or Order Filing 50 RESPONSE to Motion re #44 MOTION in Limine filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Miltko, Susan)
August 10, 2023 Opinion or Order Filing 49 AFFIDAVIT/DECLARATION re #48 Response to Motion by James Brodowy, Margaret Brodowy. (Dailey, Timothy)
August 10, 2023 Opinion or Order Filing 48 RESPONSE to Motion re #42 MOTION in Limine filed by James Brodowy, Margaret Brodowy. (Attachments: #1 Exhibit A, #2 Exhibit B) (Dailey, Timothy)
August 4, 2023 Opinion or Order Filing 47 NOTICE of Appearance by Alexander T. Tsomaya on behalf of Progressive Direct Insurance Company (Tsomaya, Alexander)
July 27, 2023 Opinion or Order Filing 46 AFFIDAVIT/DECLARATION re #45 Brief/Memorandum in Support by James Brodowy, Margaret Brodowy. (Attachments: #1 Exhibit A) (Dailey, Timothy)
July 27, 2023 Opinion or Order Filing 45 Brief/Memorandum in Support re #44 MOTION in Limine filed by James Brodowy, Margaret Brodowy. (Attachments: #1 Exhibit A, #2 Exhibit B) (Dailey, Timothy)
July 27, 2023 Opinion or Order Filing 44 MOTION in Limine . Timothy E. Dailey appearing for Plaintiffs James Brodowy, Margaret Brodowy. (Dailey, Timothy)
July 27, 2023 Opinion or Order Filing 43 Brief/Memorandum in Support re #42 MOTION in Limine filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit A - Pls.' Initial Discl, #2 Exhibit B - Zadick Rpt, #3 Exhibit C - Pls.' Rebuttal Discl, #4 Exhibit D - Zadick 1st Supp, #5 Exhibit E - Zadick 2nd Supp, #6 Exhibit F - Depo) (Miltko, Susan)
July 27, 2023 Opinion or Order Filing 42 MOTION in Limine . Susan Moriarity Miltko appearing for Defendant Progressive Direct Insurance Company. (Miltko, Susan)
July 7, 2023 Opinion or Order Filing 41 REPLY to Response to Motion re #27 MOTION for Partial Summary Judgment filed by James Brodowy, Margaret Brodowy. (Dailey, Timothy)
July 7, 2023 Opinion or Order Filing 40 REPLY to Response to Motion re #31 MOTION for Summary Judgment filed by Progressive Direct Insurance Company. (Miltko, Susan)
June 23, 2023 Opinion or Order Filing 39 STATEMENT of Disputed Facts re #38 Response to Motion for Partial Summary Judgment by Progressive Direct Insurance Company. (Attachments: #1 Exhibit Ex. A Addtl M. Snyder Depo Excerpts, #2 Exhibit Ex. B Addtl M. Brodowy Depo Excerpts, #3 Exhibit Ex. C Addtl M. Mickelson Depo Excerpts, #4 Exhibit Ex. D Depo Exhibit 16, Letter) (Miltko, Susan) Modified on 6/26/2023 to add the text "of Disputed Facts" and create relationship to #27 Motion (APP).
June 23, 2023 Opinion or Order Filing 38 RESPONSE to Motion re #27 MOTION for Partial Summary Judgment filed by Progressive Direct Insurance Company. (Miltko, Susan)
June 23, 2023 Opinion or Order Filing 37 Statement of Disputed Facts re: #31 MOTION for Summary Judgment filed by James Brodowy, Margaret Brodowy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Dailey, Timothy)
June 23, 2023 Opinion or Order Filing 36 RESPONSE to Motion re #31 MOTION for Summary Judgment filed by James Brodowy, Margaret Brodowy. (Dailey, Timothy)
June 15, 2023 Opinion or Order Filing 35 ORDER denying #34 Motion for Protective Order without prejudice. Signed by Magistrate Judge Kathleen L. DeSoto on 6/15/2023. (APP)
June 14, 2023 Opinion or Order Filing 34 MOTION for Protective Order . Susan Moriarity Miltko appearing for Defendant Progressive Direct Insurance Company. (Attachments: #1 Text of Proposed Order Stipulation Protective Order) (Miltko, Susan)
June 2, 2023 Opinion or Order Filing 33 Statement of Undisputed Fact re: #31 MOTION for Summary Judgment by Progressive Direct Insurance Company filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit A - Excerpts Dep. M. Brodowy, #2 Exhibit B - Claim Notes, #3 Exhibit C- Letter, #4 Exhibit D - Letter, #5 Exhibit E - Letter, #6 Exhibit F - Check, #7 Exhibit G - Letter, #8 Exhibit H - Letter, #9 Exhibit I - Letter) (Miltko, Susan)
June 2, 2023 Opinion or Order Filing 32 Brief/Memorandum in Support re #31 MOTION for Summary Judgment filed by Progressive Direct Insurance Company. (Miltko, Susan)
June 2, 2023 Opinion or Order Filing 31 MOTION for Summary Judgment . Susan Moriarity Miltko appearing for Defendant Progressive Direct Insurance Company. (Miltko, Susan)
June 2, 2023 Opinion or Order Filing 30 AFFIDAVIT/DECLARATION re #27 MOTION for Partial Summary Judgment by James Brodowy, Margaret Brodowy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Dailey, Timothy)
June 2, 2023 Opinion or Order Filing 29 Statement of Undisputed Fact re: #27 MOTION for Partial Summary Judgment by James Brodowy, Margaret Brodowy filed by James Brodowy, Margaret Brodowy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Dailey, Timothy)
June 2, 2023 Opinion or Order Filing 28 Brief/Memorandum in Support re #27 MOTION for Partial Summary Judgment filed by James Brodowy, Margaret Brodowy. (Dailey, Timothy)
June 2, 2023 Opinion or Order Filing 27 MOTION for Partial Summary Judgment . Timothy E. Dailey appearing for Plaintiffs James Brodowy, Margaret Brodowy. (Dailey, Timothy)
May 5, 2023 Opinion or Order Terminate Deadlines and Hearings-Discovery Deadline 04/28/2023. (APP)
February 22, 2023 Opinion or Order Filing 26 NOTICE by Progressive Direct Insurance Company Notice of Intent to Serve Rule 45 Subpoena Duces Tecum (Miltko, Susan)
February 22, 2023 Opinion or Order Filing 25 NOTICE by Progressive Direct Insurance Company Notice of Intent to Serve Rule 45 Subpoena Duces Tecum (Miltko, Susan)
February 22, 2023 Opinion or Order Filing 24 NOTICE by Progressive Direct Insurance Company Notice of Intent to Serve Rule 45 Subpoena Duces Tecum (Miltko, Susan)
February 22, 2023 Opinion or Order Filing 23 NOTICE by Progressive Direct Insurance Company Notice of Intent to Serve Rule 45 Subpoena Duces Tecum (Miltko, Susan)
February 22, 2023 Opinion or Order Filing 22 NOTICE by Progressive Direct Insurance Company Notice of Intent to Serve Rule 45 Subpoena Duces Tecum (Miltko, Susan)
February 22, 2023 Opinion or Order Filing 21 NOTICE by Progressive Direct Insurance Company Notice of Intent to Serve Rule 45 Subpoena Duces Tecum (Miltko, Susan)
July 13, 2022 Opinion or Order Filing 20 SCHEDULING ORDER: Final Pretrial Conference set for 9/14/2023 at 01:00 PM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto. Jury Trial set for 9/25/2023 at 09:00 AM in Helena, MT before Magistrate Judge Kathleen L. DeSoto. Amended Pleadings due by 9/20/2022. Discovery due by 4/28/2023. Motions due by 6/23/2023. Signed by Magistrate Judge Kathleen L. DeSoto on 7/13/2022. (TXB)
July 13, 2022 Opinion or Order Filing 19 MINUTE ENTRYMinute Entry for proceedings held before Magistrate Judge Kathleen L. DeSoto: Initial Pretrial Conference held on 7/13/2022. (TXB)
July 6, 2022 Opinion or Order Filing 18 Order Setting: Preliminary Pretrial Conference set for 7/13/2022 at 11:00 AM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto. Signed by Magistrate Judge Kathleen L. DeSoto on 7/6/2022. (TXB)
June 29, 2022 Opinion or Order Filing 17 ORDER REASSIGNING CASE. IT IS HEREBY ORDERED that the above-captioned cause is REASSIGNED to the Honorable Kathleen L. DeSoto for all further proceedings. The Clerk of Court will notify Judge DeSoto of this case reassignment. Signed by Judge Brian Morris on 6/29/2022. (Emailed to KLD Chambers) (ACC)
June 29, 2022 Opinion or Order Filing 16 ORDER; I hereby recuse myself from all further proceedings in this case. The Clerk of Court is directed to notify Chief Judge Brian Morris of this Order so he may refer this case to another judge, if appropriate. Signed by Magistrate Judge John Johnston on 6/29/2022. (TLO) Modified on 6/29/2022 to reflect order emailed to Sara and Julie (TLO).
June 29, 2022 Opinion or Order Filing 15 MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Telephonic Pretrial Conference not held 6/29/2022. Judge Johnston will recuse himself from this case. (Law Clerk: B. Hammer), (SLL)
June 27, 2022 Opinion or Order Filing 14 PRELIMINARY PRETRIAL STATEMENT by James Brodowy, Margaret Brodowy. (Sherwood, Michael)
June 27, 2022 Opinion or Order Filing 13 JOINT DISCOVERY PLAN by Progressive Direct Insurance Company. (Miltko, Susan)
June 27, 2022 Opinion or Order Filing 12 PRELIMINARY PRETRIAL STATEMENT by Progressive Direct Insurance Company. (Miltko, Susan)
June 21, 2022 Opinion or Order Filing 11 STATEMENT OF STIPULATED FACTS by James Brodowy, Margaret Brodowy. (Dailey, Timothy)
May 24, 2022 Opinion or Order Filing 10 COMPLAINT against Progressive Direct Insurance Company, filed by James Brodowy, Margaret Brodowy. (HEG)
May 24, 2022 Opinion or Order Filing 9 NOTICE of filing Lewis and Clark County Case Register Report. All original state documents are retained on the civil shelf in the Helena clerk's office. (HEG)
May 20, 2022 Opinion or Order Filing 8 ANSWER to Complaint with Jury Demand by Progressive Direct Insurance Company. (Miltko, Susan)
May 18, 2022 Opinion or Order Filing 7 NOTICE of Appearance by Michael P. Sherwood on behalf of James Brodowy, Margaret Brodowy (Sherwood, Michael)
May 18, 2022 Opinion or Order Filing 6 Order Setting: Telephonic Pretrial Conference set for 6/29/2022 at 11:00 AM before Magistrate Judge John Johnston. Preliminary Pretrial Statement due by 6/27/2022. Joint Discovery Plan due by 6/27/2022. Statement of Stipulated Facts due by 6/27/2022.. Signed by Magistrate Judge John Johnston on 5/18/2022. SEE ORDER FOR FULL DETAILS. (SLL)
May 18, 2022 Opinion or Order Filing 5 Clerk's Notice Upon Consent to USMJ Pursuant to L.R. 73.1 and consent of the parties having been made, this case is assigned to the United States magistrate judge to conduct all further proceedings, enter judgment and conduct all post-trial proceedings. Case reassigned to Magistrate Judge John Johnston. (HEG)
May 18, 2022 Opinion or Order Filing 4 CONSENTS TO USMJ. (HEG)
May 12, 2022 Opinion or Order Filing 3 Corporate Disclosure Statement by Progressive Direct Insurance Company. (Miltko, Susan)
May 11, 2022 Opinion or Order Filing 2 Service of Consent to Magistrate Judge as Presiding Judge form. Consent/Objection to USMJ Form due by 5/25/2022. (HEG)
May 11, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL by Progressive Direct Insurance Company from Montana First Judicial District Court, L&C County, case number DDV-2021-965., filed by Progressive Direct Insurance Company. (Attachments: #1 State Court Documents, #2 State Court Notice of Removal, #3 Civil Cover Sheet) (HEG)
May 11, 2022 Opinion or Order Filing fee received: $ 402, receipt number AMTDC-2869431. (HEG)

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Plaintiff: James Brodowy
Represented By: Timothy E. Dailey
Represented By: Michael P. Sherwood
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Plaintiff: Margaret Brodowy
Represented By: Timothy E. Dailey
Represented By: Michael P. Sherwood
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Defendant: Progressive Direct Insurance Company doing business as Progressive Direct Auto
Represented By: Susan Moriarity Miltko
Represented By: Alexander T. Tsomaya
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Defendant: John Does I-V
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