Agency One Insurance, Inc. et al v. Westport Insurance Corp.

Plaintiff: Agency One Insurance, Inc. and Pamela A Siroky
Defendant: Westport Insurance Corp.
Case Number: 8:2013cv00078
Filed: March 6, 2013
Court: Nebraska District Court
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Referring Judge: Thomas D. Thalken
Nature of Suit: Insurance
Cause of Action: 28:1441 Petition for Removal- Insurance Contract
Jury Demanded By: Both

Available Case Documents

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Date Filed#Document Text
September 29, 2015 224 Opinion or Order of the Court ORDER that within 45 calendar days of the date of this order, the parties shall file a joint stipulation for dismissal (or other dispositive stipulation) with the clerk of court. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. This case is removed from the court's trial docket upon representation by the parties that the case has settled. Ordered by Senior Judge Richard G. Kopf. (JSF)
September 18, 2015 178 Opinion or Order of the Court MEMORANDUM AND ORDER - Plaintiff's first motion for partial summary judgment (Filing No. 131 ) is granted. The court finds as a matter of law that the direct negligence claim Plaintiff brought against Agency One and Pam Siroky in the Iowa laws uit was covered by Defendants insurance policy, and that Defendant breached its duties to defend and indemnify the insureds. Defendant's motion for reconsideration (Filing No. 145 ) is denied. Defendant's motion to strike (Filing No. [1 59]) is denied without prejudice. Plaintiffs second motion for partial summary judgment (Filing No. 161 ) is denied. Defendants motion for leave to file sur-reply (Filing No. 169 ) is granted instanter, and the attachment (Filing No. 169 -1) i s accepted without need for refiling. Plaintiffs motion for leave to file supplemental authority (Filing No. 170 ) is granted instanter, and the attachment (Filing No. 170 -1) isaccepted, without need for refiling. Ordered by Senior Judge Richard G. Kopf. (MKR)
April 14, 2015 150 Opinion or Order of the Court ORDER granting in part and denying in part 136 Motion to Compel. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
April 9, 2015 149 Opinion or Order of the Court ORDER that Plaintiff shall have until April 27, 2015, to file a consolidated brief in response to Defendant's motion for reconsideration 145 and in reply to Defendant's response to Plaintiff's motion for partial summary judgment 131 . Ordered by Senior Judge Richard G. Kopf. (JSF)
March 3, 2015 128 Opinion or Order of the Court ORDER - It has come to this Court's attention that the above cases are related as defined under NEGenR 1.4(a)(4)(C)(iii). Accordingly, Case No. 4:15CV3021, Metropolitan Property and Casualty Insurance Company, Assignee of the Claims of Agency One Insurance, Inc. and Pamela A. Siroky, v. Westport Insurance Corporation, is reassigned to Senior Judge Richard G. Kopf for disposition and remains assigned to Magistrate Judge Cheryl R. Zwart for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (GJG)
December 23, 2014 120 Opinion or Order of the Court ORDER granting 119 Motion to Continue. The pretrial conference and trial are continued pending further order of the court. Status Conference set for 2/6/2015 at 09:00 AM by Telephone before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
August 5, 2014 85 Opinion or Order of the Court MEMORANDUM AND ORDER that on or before August 15, 2014, Metropolitan Property and Casualty Insurance Company shall file any motion to substitute itself for the currently named plaintiffs as the real party in interest for this lawsuit. The summary jud gment filing deadline is September 15, 2014. The deadline for completing discovery is November 3, 2014. The Pretrial Conference is set for November 25, 2014 at 2:00 PM by WebEx before Magistrate Judge Cheryl R. Zwart. The Jury Trial set for December 8, 2014 at 9:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)
July 29, 2014 84 Opinion or Order of the Court MEMORANDUM AND ORDER denying Plaintiff's 76 Motion to Amend. A telephonic conference with the undersigned magistrate judge will be held on August 5, 2014 at 8:30 a.m. to discuss progression toward final resolution of this case. Counsel for plaintiffs shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
July 11, 2014 79 Opinion or Order of the Court ORDER granting the 78 Motion to Withdraw as Attorney by David A. Dudley, Colin A. Mues, and th law firm of Bayler Evnen Curtiss Grimit & Witt. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
June 6, 2014 70 Opinion or Order of the Court ORDER- 1) The summary judgment deadline is set aside pending further order of the court.2) On or before June 20, 2014, Metropolitan Property and Casualty Insurance Company, the assignee of Plaintiffs' claims, shall formally enter this case as a party and have an attorney enter an appearance on its behalf, in the absence of which this case will be dismissed, with prejudice, for want of prosecution, and without further notice. Copy of order emailed and mailed by Judge Zwart's chambers. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)
May 29, 2014 69 Opinion or Order of the Court ORDER granting 67 Motion to Continue. The summary judgment deadline is extended to June 6, 2014. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
January 22, 2014 44 Opinion or Order of the Court MEMORANDUM AND ORDER granting the parties' Joint 43 Motion to Continue Deadlines. The Non-Jury Trial is set for 9/22/2014 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Senior Judge Richard G. Kopf. The Pretrial Conference is set for 9/9/2014 at 09:00 AM by WebEx conferencing before Magistrate Judge Cheryl R. Zwart. The deposition dealine is April 1, 2014. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
December 3, 2013 41 Opinion or Order of the Court PROTECTIVE ORDER regarding 40 Stipulation and Joint Motion for Entry of Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)
October 2, 2013 34 Opinion or Order of the Court ORDER granting 33 Motion to Continue. Non-Jury Trial set for 6/18/2014 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Senior Judge Richard G. Kopf. Pretrial Conference set for 6/3/2014 at 09:00 AM before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
May 14, 2013 21 Opinion or Order of the Court ORDER OF RECUSAL - Because my handling of this case might reasonably create an appearance of impropriety, IT IS ORDERED that the case is referred to the chief judge for reassignment. Ordered by Senior Judge Warren K. Urbom. (ADB)

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Plaintiff: Agency One Insurance, Inc.
Represented By: David A. Dudley
Represented By: Colin A. Mues
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Plaintiff: Pamela A Siroky
Represented By: David A. Dudley
Represented By: Colin A. Mues
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Defendant: Westport Insurance Corp.
Represented By: Michael K. Huffer
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