Brodowy et al v. Progressive Direct Insurance Company et al
James Brodowy and Margaret Brodowy |
Progressive Direct Insurance Company doing business as Progressive Direct Auto and John Does I-V |
6:2022cv00030 |
May 11, 2022 |
US District Court for the District of Montana |
Kathleen L DeSoto |
John Johnston |
Brian Morris |
Insurance |
28 U.S.C. § 1332 Diversity-Insurance Contract |
Both |
Docket Report
This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
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Filing 60 USCA Case Number 23-35621 and Time Schedule Order for #59 Notice of Appeal, filed by Margaret Brodowy, James Brodowy. (SGN) |
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) |
Filing 58 Costs Taxed in amount of $ 2369.40 against Plaintiffs James Brodowy and Margaret Brodowy (APP) |
Terminate Deadlines and Hearings-Objection to Taxation of Costs 09/20/2023. (APP) |
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) |
Filing 56 APPLICATION FOR TAXATION OF COSTS by Progressive Direct Insurance Company. (Miltko, Susan) |
Filing 55 CLERK'S JUDGMENT (APP) |
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) |
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) |
Filing 52 REPLY to Response to Motion re #42 MOTION in Limine filed by Progressive Direct Insurance Company. (Miltko, Susan) |
Filing 51 REPLY to Response to Motion re #44 MOTION in Limine filed by James Brodowy, Margaret Brodowy. (Sherwood, Michael) |
Terminate Deadlines and Hearings-Motions Deadline 06/23/2023. (APP) |
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) |
Filing 49 AFFIDAVIT/DECLARATION re #48 Response to Motion by James Brodowy, Margaret Brodowy. (Dailey, Timothy) |
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) |
Filing 47 NOTICE of Appearance by Alexander T. Tsomaya on behalf of Progressive Direct Insurance Company (Tsomaya, Alexander) |
Filing 46 AFFIDAVIT/DECLARATION re #45 Brief/Memorandum in Support by James Brodowy, Margaret Brodowy. (Attachments: #1 Exhibit A) (Dailey, Timothy) |
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) |
Filing 44 MOTION in Limine . Timothy E. Dailey appearing for Plaintiffs James Brodowy, Margaret Brodowy. (Dailey, Timothy) |
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) |
Filing 42 MOTION in Limine . Susan Moriarity Miltko appearing for Defendant Progressive Direct Insurance Company. (Miltko, Susan) |
Filing 41 REPLY to Response to Motion re #27 MOTION for Partial Summary Judgment filed by James Brodowy, Margaret Brodowy. (Dailey, Timothy) |
Filing 40 REPLY to Response to Motion re #31 MOTION for Summary Judgment filed by Progressive Direct Insurance Company. (Miltko, Susan) |
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). |
Filing 38 RESPONSE to Motion re #27 MOTION for Partial Summary Judgment filed by Progressive Direct Insurance Company. (Miltko, Susan) |
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) |
Filing 36 RESPONSE to Motion re #31 MOTION for Summary Judgment filed by James Brodowy, Margaret Brodowy. (Dailey, Timothy) |
Filing 35 ORDER denying #34 Motion for Protective Order without prejudice. Signed by Magistrate Judge Kathleen L. DeSoto on 6/15/2023. (APP) |
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) |
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) |
Filing 32 Brief/Memorandum in Support re #31 MOTION for Summary Judgment filed by Progressive Direct Insurance Company. (Miltko, Susan) |
Filing 31 MOTION for Summary Judgment . Susan Moriarity Miltko appearing for Defendant Progressive Direct Insurance Company. (Miltko, Susan) |
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) |
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) |
Filing 28 Brief/Memorandum in Support re #27 MOTION for Partial Summary Judgment filed by James Brodowy, Margaret Brodowy. (Dailey, Timothy) |
Filing 27 MOTION for Partial Summary Judgment . Timothy E. Dailey appearing for Plaintiffs James Brodowy, Margaret Brodowy. (Dailey, Timothy) |
Terminate Deadlines and Hearings-Discovery Deadline 04/28/2023. (APP) |
Filing 26 NOTICE by Progressive Direct Insurance Company Notice of Intent to Serve Rule 45 Subpoena Duces Tecum (Miltko, Susan) |
Filing 25 NOTICE by Progressive Direct Insurance Company Notice of Intent to Serve Rule 45 Subpoena Duces Tecum (Miltko, Susan) |
Filing 24 NOTICE by Progressive Direct Insurance Company Notice of Intent to Serve Rule 45 Subpoena Duces Tecum (Miltko, Susan) |
Filing 23 NOTICE by Progressive Direct Insurance Company Notice of Intent to Serve Rule 45 Subpoena Duces Tecum (Miltko, Susan) |
Filing 22 NOTICE by Progressive Direct Insurance Company Notice of Intent to Serve Rule 45 Subpoena Duces Tecum (Miltko, Susan) |
Filing 21 NOTICE by Progressive Direct Insurance Company Notice of Intent to Serve Rule 45 Subpoena Duces Tecum (Miltko, Susan) |
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) |
Filing 19 MINUTE ENTRYMinute Entry for proceedings held before Magistrate Judge Kathleen L. DeSoto: Initial Pretrial Conference held on 7/13/2022. (TXB) |
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) |
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) |
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). |
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) |
Filing 14 PRELIMINARY PRETRIAL STATEMENT by James Brodowy, Margaret Brodowy. (Sherwood, Michael) |
Filing 13 JOINT DISCOVERY PLAN by Progressive Direct Insurance Company. (Miltko, Susan) |
Filing 12 PRELIMINARY PRETRIAL STATEMENT by Progressive Direct Insurance Company. (Miltko, Susan) |
Filing 11 STATEMENT OF STIPULATED FACTS by James Brodowy, Margaret Brodowy. (Dailey, Timothy) |
Filing 10 COMPLAINT against Progressive Direct Insurance Company, filed by James Brodowy, Margaret Brodowy. (HEG) |
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) |
Filing 8 ANSWER to Complaint with Jury Demand by Progressive Direct Insurance Company. (Miltko, Susan) |
Filing 7 NOTICE of Appearance by Michael P. Sherwood on behalf of James Brodowy, Margaret Brodowy (Sherwood, Michael) |
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) |
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) |
Filing 4 CONSENTS TO USMJ. (HEG) |
Filing 3 Corporate Disclosure Statement by Progressive Direct Insurance Company. (Miltko, Susan) |
Filing 2 Service of Consent to Magistrate Judge as Presiding Judge form. Consent/Objection to USMJ Form due by 5/25/2022. (HEG) |
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) |
Filing fee received: $ 402, receipt number AMTDC-2869431. (HEG) |
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