Farmers Insurance Exchange et al v. Van Dyke
| Farmers New World Life Insurance Company, Farmers Insurance Exchange, Fire Insurance Exchange, Truck Insurance Exchange and Mid-Century Insurance Company |
| Ganon Van Dyke |
| 8:2017cv00261 |
| July 19, 2017 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Susan M Bazis |
| John M Gerrard |
| Other Statutory Actions |
| 18 U.S.C. § 1836 (a) Injunction against Misappropriation of Trade Secrets |
| Both |
Docket Report
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Filing 46
JUDGMENT - Pursuant to the parties' Stipulated Motion and Order for Dismissal with Prejudice (filing #45 ), this case is dismissed with prejudice, subject to the terms of the parties' stipulation as if set forth herein, with each party to pay their own costs and attorney's fees. Ordered by Chief Judge John M. Gerrard. (CS)
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| Filing 45 STIPULATION FOR DISMISSAL Stipulated Motion and Order for Dismissal with Prejudice by Attorney John P. Passarelli on behalf of Plaintiffs Farmers Insurance Exchange, Farmers New World Life Insurance Company, Fire Insurance Exchange, Mid-Century Insurance Company, Truck Insurance Exchange.(Passarelli, John) |
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Filing 44
ORDER - Within thirty (30) 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, together with submitting to the trial judge a draft order which will fully dispose of the case. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. The clerk of court is directed to terminate the pretrial and trial settings, and any hearings set in this case. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing 43
TEXT ORDER - The parties have filed another report advising as to the status of settlement discussions #42 . The parties have reported that they continue to engage in settlement discussions, but have not yet come to a resolution. The parties have requested an additional 30 days to explore settlement. This request will be denied. Progression of this case has been stayed since December, 2017, and the parties have been given numerous extensions of time to complete settlement discussions. The parties were advised on August 2, 2018 that they would not be given further extensions of time. Accordingly, the Court will now progress this action. By October 5, 2018, the parties shall either submit dismissal documents or file a Rule 26(f) Report. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 42 STATUS REPORT Joint Status Report by Attorney John P. Passarelli on behalf of Plaintiffs Farmers Insurance Exchange, Farmers New World Life Insurance Company, Fire Insurance Exchange, Mid-Century Insurance Company, Truck Insurance Exchange.(Passarelli, John) |
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Filing 41
TEXT ORDER - The parties have filed a status report #40 requesting that they be given thirty days to finalize their settlement discussions. This request will be granted. However, this is the final extension of time which will be given by the Court. The parties shall file a joint report advising as to the status of this action no later than September 3, 2018. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 40 STATUS REPORT (Joint) by Attorney John P. Passarelli on behalf of Plaintiffs Farmers Insurance Exchange, Farmers New World Life Insurance Company, Fire Insurance Exchange, Mid-Century Insurance Company, Truck Insurance Exchange.(Passarelli, John) |
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Filing 39
TEXT ORDER - The parties have filed a status report #38 indicating that they continue to engage in settlement discussions. The parties have requested that case progression remained stayed to allow further discussions. This request will be granted. However, no further extensions of time will be granted. In the event the parties are unable to reach an agreement by August 1, 2018, this case will be progressed. The parties shall file a joint report advising as to the status of this action no later than August 1, 2018. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 38 STATUS REPORT Joint Status Report by Attorney John P. Passarelli on behalf of Plaintiffs Farmers Insurance Exchange, Farmers New World Life Insurance Company, Fire Insurance Exchange, Mid-Century Insurance Company, Truck Insurance Exchange.(Passarelli, John) |
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Filing 37
TEXT ORDER - The parties have advised that they are continuing settlement discussions #36 . In accordance with the parties' request in their Joint Status Report, the parties shall file another report advising the Court as to the progress of settlement discussions by June 1, 2018. In the event settlement discussions are unsuccessful, this action will be progressed. Ordered by Magistrate Judge Susan M. Bazis. (RMW)
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| Filing 36 STATUS REPORT (Joint) by Attorney John P. Passarelli on behalf of Plaintiffs Farmers Insurance Exchange, Farmers New World Life Insurance Company, Fire Insurance Exchange, Mid-Century Insurance Company, Truck Insurance Exchange.(Passarelli, John) |
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Filing 35
TEXT ORDER - The parties have filed a Joint Status Report #34 advising as to the status of this case. In accordance with the parties' request in the Joint Status Report, the parties shall file another report advising the Court as to the progress of settlement discussions by April 20, 2018. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 34 STATUS REPORT Joint Status Report by Attorney Maggie L. Ebert on behalf of Plaintiffs Farmers Insurance Exchange, Farmers New World Life Insurance Company, Fire Insurance Exchange, Mid-Century Insurance Company, Truck Insurance Exchange.(Ebert, Maggie) |
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Filing 33
TEXT ORDER - The parties have filed a Joint Status Report #32 advising as to the status of this case. In accordance with the parties' request in the Joint Status Report, the parties shall file another report advising the Court as to the progress of settlement discussions by February 19, 2018.Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 32 STATUS REPORT Joint Status Report by Attorney John P. Passarelli on behalf of Plaintiffs Farmers Insurance Exchange, Farmers New World Life Insurance Company, Fire Insurance Exchange, Mid-Century Insurance Company, Truck Insurance Exchange.(Passarelli, John) |
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Filing 31
ORDER - IT IS ORDERED: Defendant Gannon Van Dyke and all persons or entities under his direction or control shall conduct a good faith search for any "Farmers Information." "Farmers Information" means Farmers' manuals, lists and records of any kind, including information pertaining to Farmers' policyholders and expirations, information printed off of or downloaded from eCMS, the Agency Dashboard, SIMS, or from www.farmers.com, and mailing, phone, and email lists or address labels of Farmers' customers. Defendant will deliver the same to counsel for Farmers by 5:00 p.m. on December 14, 2017. The Court has concurrently entered an Agreed Protective Order that will govern the production of documents and information in this case, including electronically stored information ("ESI"). At a reasonable time agreed to by the parties within 21 days of this Order, Defendant shall provide Farmers' forensic computer expert, D4 LLC ("Expert") with access to Defendant's ESI so that the Expert can create forensic images of the ESI for analysis in this action. Plaintiffs will cooperate with the Defendant to schedule the Expert's work to minimize disruption of the Defendant's business. Following the forensic examination, the Expert shall provide a report to counsel for the Plaintiffs and the Defendant identifying any electronic files containing Farmers Information. If Defendant agrees that the files contain Farmers Information, the Defendants will remove the files. If Defendants do not agree that the files contain Farmers Information, the parties shall attempt in good faith to resolve their dispute. If the parties cannot resolve their dispute, Farmers may then petition the Court for an Order compelling the Defendants to delete the disputed files. On or before December 14, 2017, Plaintiffs will provide Defendant with a list of names of any policyholder that was the subject of any telephone call that Farmers alleges was made by Defendant. If appropriate, Plaintiffs or Defendant may designate documents or information as confidential under the Protective Order. On or before December 14, 2017, Defendant will produce to counsel for Farmers all commission statements Defendant has received from any insurance company for policies in any lines of insurance offered by Farmers. If appropriate, Defendant may designate documents or information as confidential under the Protective Order. Progression of this matter is held in abeyance so that the parties may conduct settlement discussions. On or before January 16, 2018, the parties shall file a joint status report advising the Court as to the progress of settlement discussions. Ordered by Magistrate Judge Susan M. Bazis. (TCL)
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Filing 30
PROTECTIVE ORDER. Ordered by Magistrate Judge Susan M. Bazis. (TCL)
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Filing 29
REASSIGNMENT ORDER - IT IS ORDERED that this case is reassigned to District Judge John M. Gerrard for disposition and to Magistrate Judge Susan M. Bazis for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (TCL)
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| Filing 28 UNOPPOSED MOTION for Protective Order and Order on Plaintiffs' Request for Injunctive Relief by Attorney Maggie L. Ebert on behalf of Plaintiffs Farmers Insurance Exchange, Farmers New World Life Insurance Company, Fire Insurance Exchange, Mid-Century Insurance Company, Truck Insurance Exchange. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ebert, Maggie) |
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Filing 27
TEXT ORDER granting 26 Oral Motion. The Rule 26 Meeting Report and Consent deadlines are extended to November 30, 2017. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 26 TEXT ORAL MOTION - by counsel for the parties jointly requesting an extension of the Rule 26 Meeting Report and Consent Deadline. (SMN) |
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Filing 25
SCHEDULING LETTER - CONSENT Rule 26 Meeting Report Deadline set for 10/16/2017. Consent Deadline set for 10/16/2017. Ordered by Magistrate Judge Michael D. Nelson. (ADB)
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| Filing 24 ANSWER to Complaint with with jury demand by Ganon Van Dyke (Stegman, Catherine) |
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Filing 23
TEXT ORDER granting #22 Motion for Extension of Time to File a Responsive Pleading (unopposed). Defendant shall have an extension of time to September 15, 2017, to file an answer or otherwise respond to the Complaint #1 . Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 22 MOTION for Extension of Time to File a Responsive Pleading by Attorney Catherine L. Stegman on behalf of Defendant Ganon Van Dyke.(Stegman, Catherine) |
| Filing 21 NOTICE of Appearance by Attorney Ronald E. Frank on behalf of Defendant Ganon Van Dyke (Frank, Ronald) |
| Filing 20 NOTICE of Appearance by Attorney Catherine L. Stegman on behalf of Defendant Ganon Van Dyke (Stegman, Catherine) |
| Filing 19 APPLICATION/ORDER admitting pro hac vice Attorney Randall A. Hack for Plaintiffs Farmers Insurance Exchange, Farmers New World Life Insurance Company, Fire Insurance Exchange, Mid-Century Insurance Company, Truck Insurance Exchange. Ordered by Deputy Clerk. (GJG) |
| Filing 18 APPLICATION/ORDER admitting pro hac vice Attorney Brian I. Hays for Plaintiffs Farmers Insurance Exchange, Farmers New World Life Insurance Company, Fire Insurance Exchange, Mid-Century Insurance Company, Truck Insurance Exchange. Ordered by Deputy Clerk. (GJG) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Zurich Insurance Group Ltd., Corporate Parent Zurich Insurance Group Ltd., Corporate Parent Farmers Group Inc., Corporate Parent Farmers Group Inc. for Farmers New World Life Insurance Company. by Attorney Maggie L. Ebert on behalf of Plaintiffs Farmers New World Life Insurance Company, Farmers Group Inc., Farmers Group Inc., Zurich Insurance Group Ltd., Zurich Insurance Group Ltd..(Ebert, Maggie) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Other Affiliate Farmers Insurance Exchange, Other Affiliate Farmers Insurance Exchange, Other Affiliate Truck Insurance Exchange, Other Affiliate Truck Insurance Exchange, Other Affiliate Fire Insurance Exchange, Other Affiliate Fire Insurance Exchange for Mid-Century Insurance Company. by Attorney Maggie L. Ebert on behalf of Plaintiffs Mid-Century Insurance Company, Farmers Insurance Exchange, Farmers Insurance Exchange, Fire Insurance Exchange, Fire Insurance Exchange, Truck Insurance Exchange, Truck Insurance Exchange.(Ebert, Maggie) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Maggie L. Ebert on behalf of Plaintiff Fire Insurance Exchange.(Ebert, Maggie) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Maggie L. Ebert on behalf of Plaintiff Truck Insurance Exchange.(Ebert, Maggie) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Maggie L. Ebert on behalf of Plaintiff Farmers Insurance Exchange.(Ebert, Maggie) |
| Filing 12 SUMMONS Returned Executed upon defendant Ganon Van Dyke on 7/20/2017. (Passarelli, John) |
| Filing 11 ATTORNEY LETTER by Clerk that Attorney Brian I. Hays has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (ADB) |
| Filing 10 ATTORNEY LETTER by Clerk that Attorney Randall A. Hack has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (ADB) |
| Filing 9 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Truck Insurance Exchange. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(ADB, ) |
| Filing 8 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Mid-Century Insurance Company. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(ADB, ) |
| Filing 7 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Fire Insurance Exchange. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(ADB, ) |
| Filing 6 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Farmers New World Life Insurance Company. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(ADB, ) |
| Filing 5 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Farmers Insurance Exchange. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(ADB, ) |
| Filing 4 Summons Issued as to defendant Ganon Van Dyke. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (ADB) |
| Filing 3 TEXT NOTICE OF JUDGES ASSIGNED: Magistrate Judge Michael D. Nelson assigned. (ADB) |
| Filing 2 Summons Requested as to regarding Complaint, #1 . (Passarelli, John) |
| Filing 1 COMPLAINT with jury demand against Ganon Van Dyke ( Filing fee $ 400, receipt number 0867-3488399), by Attorney John P. Passarelli on behalf of Truck Insurance Exchange, Farmers Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers New World Life Insurance Company (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Passarelli, John) |
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